Electronic Contract Agreement
DARK SITE OPERATIONS LLC
Missouri Executive Protection Agency
I, ___________________________________the employing Client, do hereby engage Dark Site Operations, a Missouri Limited Liability Company (hereinafter “DSO”) to perform the requested Executive Protection Services, as described in my initial email or phone call to DSO and agree to be bound by the following terms and conditions as of the date of my signing on this Employment Agreement (hereinafter “Agreement”) or my paying of any Electronic Agreement, Cash, or Check, or any other payment method under this agreement to DSO whichever is earlier. I (am aware after receiving the initial free consultation, paying this legally binding agreement, and engaging in business that there are no refunds or guarantees under any circumstances.
Breach of Contract Section
If client omits information that places Dark Site Operations in dangerous situations, illegal situations, or unethical then the contract will be breached. There can be many scenarios where a client may enlist an Executive Protection Company for illegal means like Murder for Hire Conspiracy, Protecting Drug Dealers, or other Criminal Enterprise’s, Etc. If these activities are revealed the contract will be breached immediately a Local, State, and Federal Law Enforcement will be notified. There will be no refunds.
A: Upon signing, digitally or otherwise, and or Initialing this electronic document, the Client acknowledges they have read and agreed to the following Terms & Conditions; wherein the Client recognizes this electronic document (or printed version when required) as a legally binding document between DSO and Client.
B: The Client thereby acknowledges that for ease of both the Client and DSO that DSO provides fees at a flat rate. Client agrees to pay the flat rate fees on Marketing Services in the amount(s) deemed relevant to their Marketing needs. Upon special and explicit request of Client and written acknowledgment of DSO, DSO may offer hourly rates as discussed in Section II (2).
FLAT FEE STRUCTURE
Protection hourly rate is $300.00 per hour with a minimum of 3 hours work time.
Fees for long term work are are a Flat up-front Fee of $10,000.00 per week and are paid in full before Private Security Contractors begin any protection details.
In some cases, this Flat Fee can obviously change depending upon travel, lodging, meals, high risk areas etc.
DISPUTES REGARDING THIS AGREEMENT
Client thereby acknowledges and agrees any dispute, failure to pay, or charge back claims, whether they are legitimately arisen; or fraudulently accusatory, decided in favor of; or against the Client or DSO, will result in all case notes, including names, addresses and phone numbers, phone records, Services and marketing material having to be made public information within accordance of the law to the efforts to establish a ruling on the claim or recapture expenses incurred during the job. Client agrees that a charge back or failure to pay shall constitute a material breach of this Agreement. If any party to this agreement institutes any legal cause of action—including arbitration or fee dispute through a credit agency—against another party arising out of or relating to this Agreement, the prevailing party will be entitled to the costs incurred in conducting the cause of action, including reasonable attorneys’ fees and expenses, collection fees and costs and court costs. Client acknowledges that breaching the contract will constitute a complete forfeiture of any amounts paid under this Agreement, and Client will be held responsible for additional damages caused because of Client’s breaching action or omission.
Governing Law; Venue; Submission to Jurisdiction
This Agreement is governed, construed, and administered according to the laws of Missouri, as from time to time amended, and any applicable federal law. No effect is given to any choice-of-law or conflict-of-law provision or rule (whether of Missouri or any other jurisdiction) that would cause the application of the law of any jurisdiction other than those of Missouri.
A cause of action arising out of this agreement includes any cause of action seeking to enforce any provision of or based on any matter arising out of or in connection with this Agreement or the transactions contemplated by it. The parties agree that any suit, action, or proceeding—whether in contract, tort, or otherwise—arising out of this Agreement must be brought in a state or federal court or courts located in the State of Missouri and in the county of or nearest to DSO’s principal office if one of these courts has subject-matter jurisdiction over the suit, action, or proceeding. Any cause of action arising out of this Agreement is deemed to have arisen from a transaction of business in Missouri.
Each party irrevocably consents to the jurisdiction of these courts (and their respective appellate courts) in any cause of action arising out of this Agreement. Each party irrevocably waives—to the fullest extent permitted by applicable law—any objection that it may have now or later to the venue of any action arising out of this Agreement in any of these courts, including an inconvenient forum petition.
The invalidity or unenforceability of any provision of this Agreement does not affect the validity or enforceability of any other provision of this Agreement. If a court of competent jurisdiction determines that any provision is invalid, the remaining provisions of this Agreement are to be construed as if the invalid provision had never been included in this Agreement.
This Agreement constitutes the sole and entire agreement of its parties with respect to the Agreement’s subject matter. This Agreement supersedes all prior and contemporaneous understandings, agreements, representations, and warranties—both written and oral—with respect to the subject matter. As between or among the parties, no oral statements or prior written material not specifically incorporated herein shall be of any force and effect. The parties specifically acknowledge that, in entering and executing this Agreement, each is relying solely upon the representations and agreements contained in this Agreement and no others. No provision of this Agreement may be amended or modified except by a written instrument executed by all parties to this Agreement.
Dark Site Operations Use of Force Policy
563.031. Use of force in defense of persons. — 1. A person may, subject to the provisions of subsection 2 of this section, use physical force upon another person when and to the extent he or she reasonably believes such force to be necessary to defend himself or herself or a third person from what he or she reasonably believes to be the use or imminent use of unlawful force by such other person, unless:
(1) The actor was the initial aggressor; except that in such case his or her use of force is nevertheless justifiable provided:
(a) He or she has withdrawn from the encounter and effectively communicated such withdrawal to such other person, but the latter persists in continuing the incident by the use or threatened use of unlawful force; or
(b) He or she is a law enforcement officer and as such is an aggressor pursuant to section 563.046; or
(c) The aggressor is justified under some other provision of this chapter or other provision of law.
(2) Under the circumstances as the actor reasonably believes them to be, the person whom he or she seeks to protect would not be justified in using such protective force.
(3) The actor was attempting to commit, committing, or escaping after the commission of a forcible felony.
2. A person shall not use deadly force upon another person under the circumstances specified in subsection 1 of this section unless:
(1) He or she reasonably believes that such deadly force is necessary to protect himself, or herself or her unborn child, or another against death, serious physical injury, or any forcible felony.
(2) Such force is used against a person who unlawfully enters, remains after unlawfully entering, or attempts to unlawfully enter a dwelling, residence, or vehicle lawfully occupied by such person; or
(3) Such force is used against a person who unlawfully enters, remains after unlawfully entering, or attempts to unlawfully enter private property that is owned or leased by an individual, or is occupied by an individual who has been given specific authority by the property owner to occupy the property, claiming a justification of using protective force under this section.
3. A person does not have a duty to retreat:
(1) From a dwelling, residence, or vehicle where the person is not unlawfully entering or unlawfully remaining.
(2) From private property that is owned or leased by such individual; or
(3) If the person is in any other location such person has the right to be.
4. The justification afforded by this section extends to the use of physical restraint as protective force provided that the actor takes all reasonable measures to terminate the restraint as soon as it is reasonable to do so.
5. The defendant shall have the burden of injecting the issue of justification under this section. If a defendant asserts that his or her use of force is described under subdivision (2) of subsection 2 of this section, the burden shall then be on the state to prove beyond a reasonable doubt that the defendant did not reasonably believe that the use of such force was necessary to defend against what he or she reasonably believed was the use or imminent use of unlawful force.