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 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").
WHEREAS, Consultant is recognized as _____ [Instruction: Insert area of expertise.];
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
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.
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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
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
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
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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