This is an agreement between a consultant and a student for consultation services on how to apply and get accepted into a business school, graduate school or law school. The agreement sets forth the initial consultation, the rate to be charged, the services to be provided, and the termination of services. This document should be used by consultants or prospective students that want to enter into an agreement for consultation services on how to apply and get accepted into graduate school.
This is an agreement between a consultant and a student for consultation services on how to apply and get accepted into a business school, graduate school or law school. The agreement sets forth the initial consultation, the rate to be charged, the services to be provided, and the termination of services. This document should be used by consultants or prospective students that want to enter into an agreement for consultation services on how to apply and get accepted into graduate school. CONSULTING AGREEMENT THIS CONSULTING AGREEMENT ("Agreement") is made and entered into as of the ___ day of _____, 20__, [Instruction: Insert date.] by and among _____ [Instruction: Insert individual name.] ("Student") and _____ [Instruction: Insert consultant’s name.] ("Consultant"). WITNESSETH: WHEREAS, Consultant is recognized as _____ [Instruction: Insert area of expertise.]; and WHEREAS, the Student desires to retain Consultant to provide services related to and in support of efforts in which Consultant has expertise; and WHEREAS, Consultant is in the business of providing such consulting services and has agreed to provide the services in accordance with the terms and conditions set forth in this agreement. NOW, THEREFORE, in consideration of this Agreement and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: 1. Consultant shall provide Student with consulting services to assist Student with the application process (“Services”) to graduate school, which may include but not be limited to graduate, business or law school (each, a “School”, collectively “Schools”). It is the intent of Student that Student shall enter such School on a full-time basis. The Services shall be provided at the following location: ______ [Instruction: Insert location.] 2. The initial consultation shall take place on _____ [Instruction: Insert commencement date.] and thereafter, consultations shall take place _____ [Instruction: Insert frequency of consultations.] and shall continue until and terminate on _____ [Instruction: Insert termination date.]. 3. For all services that Consultant renders to the Student the Student will pay Consultant $_____ per hour, payable on the first day of the month. The Services will be scheduled at mutually convenient times for Student and Consultant. Parties hereby agree to provide no less than 48 hours’ notice of any cancellation of such consultation, barring any emergency. Late payments by Student shall be subject to late penalty fees of _____% [Instruction: insert number] per month from the due date until the amount is paid. Student hereby understands, acknowledges and agrees that such fees are due even in the event Student is not accepted at any or all school(s) to which Student applies. [Comment: This paragraph can be revised to reflect alternate payment arrangements, depending on the parties’ agreement, which may not be an hourly arrangement.] 4. The Consultant will assist the Student in developing an optimal positioning and communication strategy and will brainstorm with the Student a list of potential schools based on the Student’s indicated interests, prior undergraduate and employment background and an evaluation of Student’s potential for admission to such schools. Consultant will assist the Student in developing a strategy for © Copyright 2012 Docstoc Inc. 2 researching schools and programs, and applying to such potential schools. The Consultant will brainstorm with the Student on topics for essays and short form answers and upon Student’s draft essay preparation, Consultant will help edit grammar, spelling and elements of style. The Consultant will assist the Student with the preparation of a resume based upon the Student’s initial draft. The Consultant will assist the Student with selection of recommenders and preparation of a cover letter to recommenders based upon the Student’s initial draft. The Consultant will not be responsible for the actual filling out of application forms, but will assist the Student by answering questions about applications or advising the Student about how to find answers. The Consultant shall bear no liability for calendaring of application deadlines, nor shall Consultant bear any liability for any failure of Student to submit (nor for any untimely submission of) any application or necessary or additional supporting documentation. Further, the scope of this Agreement does not include preparation for any necessary admissions testing. 5. Student understands, acknowledges and agrees the amount of hours spent by Consultant, and therefore, the fees due Consultant will vary based on Student’s preparation and completion of documents throughout the admissions process. Consultant shall bear no liability for any failure by Student to adequately prepare any necessary documents, or failure by Student to timely prepare any such documents. 6. The Student agrees to fully and truthfully disclose Student’s academic record as well as any other pertinent information, including but not limited to any employment history, to the best of their knowledge. 7. Student will prepare for each consultation to the best of his ability and shall thoroughly complete any assignments provided by Consultant. 8. It shall be the responsibility of Student, at his sole cost, to obtain any and all standardized test scores and/or any other necessary documents, arrange for the transmission of any such test scores and/or documents, finalize, pay for and transmit any such test scores, documents and/or applications to be submitted (including any required for requested financial aid, which is beyond the scope of this Agreement), monitor the status of all applications, interviews and visits and notify School(s) of Student’s enrollment decisions. 9. Student hereby understands, acknowledges and agrees that Consultant shall bear no liability for any (or all) School’s admission decisions with respect to Student. Consultant shall make no contact with any School with respect to Student. 10. Student hereby understands, acknowledges and agrees that post-graduate successful testing (where necessary to practice or otherwise obtain licensure to practice or obtain employment) is beyond the scope of this Agreement, and Consultant shall bear no liability for any failure of Student to successfully pass any such necessary test. Further, it is hereby understood, acknowledged and agreed that Consultant shall bear no liability for any failure by Student to obtain post-graduate employment. © Copyright 2012 Docstoc Inc. 3 11. In the event of a breach hereunder and a failure to cure such breach within thirty (30) days of written notice of such breach, this Agreement may be terminated by either party upon written notice. 12. The provisions of this Agreement are severable, and if any one or more provisions may be determined to be illegal or otherwise unenforceable, in whole or in part, the remaining provisions, and any partially enforceable provision to the extent enforceable in any jurisdiction, shall nevertheless be binding and enforceable. 13. The Consultant represents and warrants to the Student that he/she is under no contractual or other restrictions or obligations which are inconsistent with the execution of this Agreement, or which will interfere with the performance of his/her duties or provision of services hereunder. Consultant represents and warrants that the execution and performance of this Agreement will not violate any policies or procedures of any other person or entity for which he/she performs services concurrently with those performed herein. 14. The Consultant acknowledges and agrees that it shall be solely responsible to pay any and all incomes taxes on any moneys earned from Student while performing services contemplated under this Agreement. The Consultant further acknowledges that the Student will not at any time withhold any taxes from the Student’s payments to the Consultant under this Agreement for the purposes of income tax or any other applicable taxes. 15. Any notices or other communications required or permitted under this Agreement shall be in writing and shall be deemed to have been duly given and delivered when delivered in person, two (2) days after being mailed postage prepaid by certified or registered mail with return receipt requested, or when delivered by overnight delivery service or by facsimile to the recipient at the following address or facsimile number, or to such other address or facsimile number as to which the other party subsequently shall have been notified in writing by such recipient: If to the Student: [Instruction: Insert Student notice information here.] If to the Consultant: [Instruction: Insert Consultant notice information here.] 16. Either party's failure to enforce any provision or provisions of this Agreement shall not in any way be construed as a waiver of any such provision or provisions as to prior or future violations thereof or of any other provision of this Agreement, nor prevent that party thereafter from enforcing each and every other provision of this Agreement. The rights granted the parties herein are cumulative and the waiver by a party of any single remedy shall not constitute a waiver of such party's right to assert all other legal remedies available to him or it under the circumstances. 17. This Agreement will be governed by and interpreted in accordance with the substantive laws of the State of _____ [Instruction: Insert state.] without reference to conflicts of law. [Comment: Parties may wish to consider including alternative dispute resolution provisions.] © Copyright 2012 Docstoc Inc. 4 18. The various captions and section headings contained in this Agreement are inserted only as a matter of convenience and in no way define, limit or extend the scope or intent of any of the provisions of this Agreement. 19. The pronouns used herein shall include, where appropriate, either gender or both, singular and plural. 20. With respect to its subject matter, this Agreement constitutes the entire understanding of the parties superseding all prior agreements, understandings, negotiations and discussions between them whether written or oral, and there are no other understandings, representations, warranties or commitments with respect thereto. 21. This Agreement may be signed in one or more counterparts, each of which when exchanged will be deemed to be an original, binding upon the parties as if a single document had been signed by all, and all of which when taken together will constitute the same agreement. Any true and correct copy of this Agreement made by customary, reliable means (e.g., photocopy or facsimile) shall be treated as an original. 22. No modification to this Agreement, nor any waiver of any rights, will be effective unless assented to in writing by the party to be charged. IN WITNESS WHEREOF, the parties have executed this Agreement effective as of the date first written above. _________________________ Consultant _________________________ [Instruction: Insert Student signature block.] © Copyright 2012 Docstoc Inc. 5
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