ADMIT ADVISOR, LLC
CONSULTING SERVICES AGREEMENT [PDF Version: ]

This Consulting Services Agreement (the “Agreement”) is made as of the __________________, (“Effective Date”) by and between  _________________ of (“Client”), and ________________, on behalf of Admit Advisor, LLC of 165 West 66th Street, Suite 15J (“Consultant”).

1.  Consulting Relationship. Consultant will provide consulting services (the “Services”), and Client will pay the fees and expenses as described in Exhibit A (the “Fees”)

2.  Term. The term of this Agreement begins on the Effective Date, and expires 18 months later.

3.  Termination. Either party may terminate this Agreement at any time by written notice. In the event of such termination, Client will pay the Consultant for any portion of the Services that has been performed prior to receipt of the termination notice, or for any expenses authorized and incurred.

Consultant will refund fees for unused services at any time. Package services that are not charged on an hourly rate will be refunded on a prorated basis based on expected hours.

Consultant will begin provision of services only after Client has submitted a fee for services or has indicated their agreement to this Consulting Services Agreement either online or in writing.

4.  Independent Contractor. Consultant’s relationship with the Client will be that of an independent contractor, and not that of an employee.

5.  Client Responsibility. Unless otherwise agreed, it is the Client’s responsibility to adhere to and monitor all submission deadlines. If Client misses a submission or application deadline, the Client has no legal recourse against Consultant or Admit Advisor or any of its managers, members, officers, employees, agents, or representatives even if the missed deadline was due to a delay in service, negligence, or misinformation on the part of Consultant, Admit Advisor, its managers, members, officers, employees, agents, or representatives.  We encourage you to follow up by phone and e-mail if you do not receive an acknowledgement that your materials have been received and are awaiting review.

Admit Advisor does not guarantee acceptance into any particular school or into the Client’s selected schools. If Client is rejected by a graduate school or professional program, the Client has no legal recourse against the Consultant or Admit Advisor or any of its managers, members, officers, employees, agents, or representatives even if the Consultant or Admit Advisor was advised of the possibility of such damages.

6.  Confidentiality. Consultant agrees to keep all personally identifiable information about Client confidential and not to discuss or divulge it to anyone other than appropriate Admit Advisor personnel or their designees unless Client provides written approval to disclose the information or relationship.

7.  Amendments and Waivers. Any term of this Agreement may be amended or waived with the written consent and signature of the Client and Consultant.

8.  Indemnification. Client agrees to defend, indemnify and hold harmless Admit Advisor, its officers, directors, shareholders, employees and agents from and against any and all claims, liabilities, damages, losses or expenses, including reasonable attorneys’ fees and costs, arising out of or in any way connected with your access to or use of the Site or Consulting Services.

9.  No Representation or Warranties. The services of Admit Advisor are provided on an “as is” and “as available” basis. Admit Advisor makes no representations or warranties of any kind, express or implied, as to the use of these services or the information, content, materials, or products provided therein. You expressly agree that your use of these services is at your sole risk.

10.  Limitations of Liability. In no event will Admit Advisor, or any of its managers, members, officers, employees, agents, or representatives be held liable for any damages of any kind, WHETHER OR NOT ADVISED OF THE POSSIBILITY OF DAMAGE, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF ADMIT ADVISOR CONSULTING SERVICES, THE WEBSITE AND USER INTERFACES, AND ALL CONTENT AND SOFTWARE ASSOCIATED THEREWITH, OR OTHERWISE RELATED TO THE ADMIT ADVISOR SERVICE.  In no event will Admit Advisor, or any of its managers, members, officers, employees, agents, or representatives be held liable for damages of any kind including without limitation the following: compensatory, direct, indirect, or consequential damages, loss of employment, loss of business, business interruption, loss of income or data, loss of or damage to property, and claims of customers or third parties arising from any customer’s rejection from any graduate or professional program or employment opportunity of any kind.

Further, Client agrees to hold Admit Advisor harmless from any academic, administrative, criminal, or civil proceedings.

11.  Force Majeure. Neither Client nor Consultant shall be liable for any failure, cancellation or delay in performance to the extent said failures, cancellations or delays are proximately caused by forces beyond that party’s reasonable control and occurring without its fault or negligence, including, but not limited to, the failure of suppliers, subcontractors, and carriers.

12. Choice of Law. The validity, interpretation, construction and performance of this Agreement shall be governed by the laws of the State of New York, without giving effect to the principles of conflict of laws.

13. Severability. If any provision of this Agreement is found by a court of competent jurisdiction or arbitrator to be illegal, void, or unenforceable, the unenforceable provision will be modified so as to render it enforceable and effective to the maximum extent possible in order to effect the intention of the provision; and if a court or arbitrator finds the modified provision invalid, illegal, void or unenforceable, the validity, legality and enforceability of the remaining provisions of this Agreement will not be affected in any way.

The parties acknowledge and execute this agreement below:

EXHIBIT A

AGREED CONSULTING SERVICES AND FEES

*Estimated hours are provided for refund or cancellation purposes only. Actual consultation may take more or less time, depending on the project. When you purchase a package, we will not charge you if it takes additional time to provide the services agreed to here.

PAYMENT TERMS

• All payments and pricing is in $US.
• Client will pay package fees up front, or based upon a mutually agreed-to payment schedule.
• Client will pay for hourly consulting services as each consultation is completed (except in the case of essay, application, and resume review services, which require payment up front). We reserve the right to provide services only to those customers who are paid in full.
• Payment is due upon invoicing. Payments over 60 days late will incur a 5% annual interest charge.

FEES

___ Hourly Services: Client shall pay Consultant at the rate of $____ per hour, payable _______________ for Services described in Exhibit A of this agreement. Charges shall be billed in 5-minute increments and rounded to the nearest 5-minute increment. Hourly fees may be changed with (30) days’ written notice. Client shall be billed [monthly, weekly, as services are provided] for Consultants’ fees and expenses.

___ Package or Other Services: Total fees for Services Contracted will be paid to Consultant according to the following payment schedule:

Due at signing:                                                   $_________

1st Payment Date: ______________       $_________

2nd Payment Date: _____________       $_________

Due upon completion____________      $_________

OTHER

____ Other: Expenses the Consultant is authorized to incur, etc.:

________________________________________________________________________________________________________________________________________________________________________

We are not responsible for any missed application deadlines. We encourage you to follow up with us by phone and e-mail if you do not receive an acknowledgement that your materials have been received and are awaiting review. Admit Advisor agrees to provide the Services above, defined by the “Full Description of Services” in Exhibit B, and based on the fee schedule in Exhibit A. Services above are Agreed and Acknowledged on this date:

EXHIBIT B

Detailed Description of Hourly Services