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This document sets forth a template contract that is entered into between a consultant and a student for consulting services associated with a standardized test. If the student is a minor, this contract requires the identity of the adult that is responsible for payment. However, this contract can easily be customized to provide for the student as the responsible party for payment purposes. This document can be used by individuals that want to hire a consultant to provide more information about standardized test taking.
This document sets forth a template contract that is entered into between a consultant and a student for consulting services associated with a standardized test. If the student is a minor, this contract requires the identity of the adult that is responsible for payment. However, this contract can easily be customized to provide for the student as the responsible party for payment purposes. This document can be used by individuals that want to hire a consultant to provide more information about standardized test taking. 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"), _____ [Instruction: Insert name of party financially responsible for payment if not Student.] (“Responsible Party”) 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, and Responsible Party shall agree to pay for, one-on-one hourly consulting services with respect to standardized test taking, and shall assist the Student in building the skills and strategies necessary to achieve Student’s optimal test performance (“Services”). The Services shall be provided at the following location: ______ [Instruction: Insert location. If not one-on-one consulting, revise to reflect actual agreement.] 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 Responsible Party shall be subject to late penalty fees of _____% [Instruction: insert number.] per month from the due date until the amount is paid. Responsible Party hereby understands, acknowledges and agrees that such fees are due even in the event Student does not achieve Student’s desired score on any such test, and/or in the event Student does not score higher than when Student had not received Consultant’s services. 4. Responsible Party 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 assignments throughout the consultation process. Consultant shall bear no liability for any failure by Student to adequately prepare for any consultation. © Copyright 2012 Docstoc Inc. 2 5. The Consultant will assist the Student in developing optimal test-taking skills and strategies. Consultant will work with Student on practice questions in test environments. [Instruction: Revise as necessary to include all services to be provided.] 6. Student and Responsible Party hereby acknowledge they are engaging Consultant for the sole purpose of improving Student’s standardized test scores and not for any other purpose. They further certify that neither is an employee or agent of any other test preparation or admissions consulting company. 7. [Optional language: Neither Student nor Responsible Party will audio- record or otherwise reproduce, in any manner, any of the consultation that Student receives, and will not allow any person(s), test preparation company, admissions consulting company, or agents of any such company to use or access any of Consultant’s materials. In the event that Consultant determines that any of the aforementioned covenants have been breached, in addition to all other legal remedies Consultant may pursue against me, I agree that Consultant can stop providing consultation services to me without a refund. I also agree that Consultant has the right to stop providing me with consulting services at any time for any reason with a prorated refund, in the event any prepayment has been made.] 8. The Consultant will not be responsible for applying for any test date, or for any actual taking of any test. The Consultant shall bear no liability for any failure to submit (nor for any untimely submission of) any application or required fee to take any test, nor for any failure to actually take any such test. 9. Student will prepare for each consultation to the best of his ability and shall thoroughly complete any assignments provided by Consultant. The Responsible Party shall attend any consultation requested by Consultant. 10. It shall be the responsibility of Student and/or Responsible Party, at their sole cost, to obtain any and all standardized test scores, arrange for the transmission of any such test scores and/or documents, finalize and pay for and transmit any such test scores. 11. Parties hereto understand, acknowledge and agree that Consultant shall bear no liability for any (or all) School’s admission decisions with respect to Student. 12. 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. 13. 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. 14. 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 © Copyright 2012 Docstoc Inc. 3 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. 15. The Consultant acknowledges and agrees that it shall be solely responsible to pay any and all incomes taxes on any moneys earned from Responsible Party while performing services contemplated under this Agreement. The Consultant further acknowledges that the Responsible Party will not at any time withhold any taxes from the Responsible Party’s payments to the Consultant under this Agreement for the purposes of income tax or any other applicable taxes. 16. 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.] 17. 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. 18. 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.] 19. 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. 20. The pronouns used herein shall include, where appropriate, either gender or both, singular and plural. 21. 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. © Copyright 2012 Docstoc Inc. 4 22. 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. 23. 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.] _________________________ [Instruction: Insert Responsible Party signature block.] © Copyright 2012 Docstoc Inc. 5
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