Strategy Session Professional Services Agreement

This Strategy Session Professional Services Agreement  (the “Agreement”)  is entered into on today’s date by and between Michele Evard, d/b/a Evard Educational Consulting (“EEC”) and you, the client (the “Client”) for the purpose of providing strategic advice to assist Client with their homeschooling responsibilities and/or college admissions consulting (the “Services”) for Client's child or children (the “Student”).  

FEES AND PAYMENT TERMS

EEC will provide the Client with a strategy session or consultation of a predetermined length (the “Strategy Session”) in exchange for payment based on length of time (the “Fees”). Payment may be made through ACH (preferred) or credit card. Payment is due in full when booking the Strategy Session. 

DISCLAIMERS ON SERVICES

Given the limited scope of the Strategy Session and the limited individual contact with the Student, EEC disclaims all express and implied warranties relating to advice provided in the Strategy Session and makes the following additional and specific disclaimers to the extent that the Strategy Session advice and guidance relates to college admissions:

  • Client and Student acknowledge that many factors that will affect Student’s college admissions outcomes are outside EEC’s control, including, without limitation, Student’s GPA, course rigor, test scores, extracurricular activities, portfolio, employment, disciplinary record, performance in interviews and/or auditions, and learning differences

  • EEC does not guarantee the Student’s admission to any university or program or satisfaction with the Student’s admissions outcomes

CONFIDENTIALITY & INTELLECTUAL PROPERTY OWNERSHIP 

Each party shall keep confidential and not use for any purpose or disclose to a third party any information provided to it by the other party. EEC may require personal information and academic records from Client and Student in connection with the Strategy Session. Personal information will be stored safely. From time to time, EEC may share examples of prior work, including acceptances, such as when giving conference presentations or speaking with prospective clients. These examples will not identify Client or Student by name or otherwise provide personal information that would allow anyone outside of EEC to identify Client or Student unless advance, written permission has been given by Client or Student as appropriate.

Student and Client acknowledge and agree that EEC owns valuable and proprietary information, including but not limited to, materials marked or designated as copyrighted to EEC. Specifically, EEC may provide Client with EEC materials (the “Materials”) that may include spreadsheets, lists, memos, and/or other documents; EEC owns and retains all copyrights and all other rights, title, and interest in the Materials and any other proprietary know-how or methodologies used or shared by EEC in carrying out the Strategy Session. Client acknowledges that the Materials are proprietary to EEC, and Client will keep the Materials confidential in accordance with the terms herein. EEC may provide Client and Student with materials developed or created by third parties. EEC is not responsible for the content of such third-party materials, and Client agrees to hold harmless EEC in regard to third-party information or materials.

In addition, EEC considers her processes and methodology to also be proprietary and confidential. The parties agree that EEC would suffer irreparable damage if her confidential information or intellectual property, including the Materials, is disclosed without her permission and that EEC would accordingly be entitled to injunctive or other equitable relief, as well as actual damages.

 

LIMITATION OF LIABILITY 

 

Client agrees that they will not seek to hold EEC liable for denied admissions at any educational institution or financial aid or merit scholarship awards that fall short of Client and/or Student expectations (including, without limitation, the award of no financial assistance or scholarships from institutions at which the Student is granted admission). In no event will EEC be liable for any indirect, special, incidental, or consequential damages or for any direct damages that exceed the amount of Fees paid to EEC under this Agreement.

 MISCELLANEOUS 

 

This Agreement shall be governed by and interpreted in accordance with the laws of the Commonwealth of Massachusetts. Any disputes hereunder shall be settled by first entering into good faith negotiation. If the parties are unable to resolve a dispute through negotiation, the parties shall enter into mediation (with each party bearing his or her own costs). In the event of any mediation or litigation under this Agreement, the non-prevailing party shall reimburse the prevailing party for all reasonable attorneys’ and/or mediator fees and costs. Any controversy or claim arising out of this Agreement and not settled by good-faith negotiation or mediation between the parties shall be exclusively brought in the courts of Suffolk County, Massachusetts. This Agreement represents the entire agreement of the parties and supersedes all prior oral or written agreements or previous understandings or negotiations, verbal and written, pertaining to Services provided by EEC to the Client and the Student. This Agreement may only be amended or modified by a written instrument signed by all parties. This Agreement and any amendments or addenda thereto may be executed in multiple originals; each counterpart shall be deemed an original, but all counterparts together shall constitute one and the same instrument. Facsimiles of signatures shall be considered to be original signatures. 

 

By signing this Agreement, the Client acknowledges they have read, understood, and agreed to its terms, Fees and scope of services, and that it is effective as of the date first set forth, above. Client asserts that it has full authority to sign and enter into this Agreement. If guardianship is shared by multiple parties, Client affirms that it has made every guardian aware of the Agreement with Michele Evard, d/b/a Evard Educational Consulting, has obtained the required approval(s), and has authority to sign.