CONSULTING AGREEMENT

This Agreement is made between Vested Advocates and any person (“Customer”) (each individually a “Party,” and together, the “Parties”) who checks the website box indicating acceptance of the terms of this Agreement.

BY CHECKING THE BOX, ON THE WEBSITE OF VESTED Advocates, BESIDE THE LANGUAGE “I HAVE READ AND AGREE TO THE VESTED Advocates CONSULTING AGREEMENT” AND BY CLICKING “COMPLETE ORDER,” I CONFIRM THAT I HAVE READ, AND AGREE TO BE BOUND BY THE TERMS OF, VESTED Advocates’S CONSULTING AGREEMENT,” OR SUBSTANTIALLY SIMILAR LANGUAGE, CUSTOMER EXPRESSLY AGREES TO BE BOUND BY ALL OF THE TERMS OF THIS AGREEMENT, AND CONFIRMS THAT SUCH PROCEDURE CONSTITUTES EXECUTION OF THIS AGREEMENT WITH THE SAME EFFECT AS A PHYSICAL SIGNATURE. IF A PERSON DOES NOT AGREE WITH ALL OF THE TERMS OF THIS AGREEMENT, OR OTHERWISE CHOOSES NOT TO BE BOUND BY ALL OF THE TERMS OF THIS AGREEMENT, HE OR SHE SHOULD NOT CHECK THE AFOREMENTIONED BOX.

WHEREAS, the Customer desires to hire Vested Advocates to provide services described in Section 1 of this Agreement; and

WHEREAS, the Parties desire to enter into an agreement establishing the terms and conditions upon which Vested Advocates, acting as an independent contractor, will provide such services to Customer;

NOW, THEREFORE, the Parties hereby agree as follows:

1. Scope of Work. The Customer engages Vested Advocates to furnish the services, further described on the website of Vested Advocates, that are listed on any invoice that Vested Advocates provides to Customer, and Vested Advocates agrees to provide such services (the “Services”). The Parties may amend the agreed scope of work by written agreement.

2. Consulting Fees. The Customer agrees to pay Vested Advocates in accordance with the price and payment terms set forth on any invoice provided by Vested Advocates to Customer in connection with the Services. If the Customer fails to timely pay any invoice, Vested Advocates may suspend work and/or withhold work product until the invoice is paid; unpaid balances shall accrue interest at the rate of 1.5% per month after 30 days from the invoice date. Vested Advocates shall be entitled to all costs of collection and/or enforcement of this Agreement, including reasonable attorney’s fees. Vested Advocates reserves the right to change its rates for services at any time, and without notice.

3. Deliverables. If the Services include any research product or other written materials, Vested Advocates may provide an estimated delivery date. Vested Advocates may modify any such estimated delivery date for any reason. With respect to any portion of the Services provided by scheduled appointment (whether in-person, or remotely-provided), Vested Advocates shall not be obligated to provide any additional services following the conclusion of that scheduled appointment (including, but not limited to, e-mail or telephone conferences concerning the subject matter of the appointment) unless otherwise expressly agreed by the Parties in writing.

4. Cancellation/Rescheduling Policy. Scheduled appointments that have been scheduled and prepaid may be rescheduled up to 24 hours before the start time of the originally-scheduled appointment. Any scheduled appointment with Vested Advocates that the Customer cancels fewer than 24 hours before the start of such appointment, will be charged at full value to the Customer. Vested Advocates may reschedule or cancel a scheduled appointment at any time.

5. Testimonials. The Customer hereby authorizes Vested Advocates to copy, exhibit, publish, distribute or otherwise use and disclose any testimonial statement of Customer or of any child receiving services from Vested Advocates of whom Customer is the parent or legal guardian, for purposes of publicizing Vested Advocates services and products, marketing, and any other lawful purpose. These testimonial statements may be used in any distribution media, including but not limited to print, television, radio, internet, and in-person presentations. Vested Advocates will notify Customer prior to disclosing any testimonial statement of Customer, and will provide at that time the option to make such testimonial anonymous.

6. No Recording By Customer. The Customer, and any other recipient of Services under this Agreement, agrees not to record, download, or transmit (by digital or other means) any audio, visual, or other media material, relating to or derived from services provided under this Agreement, and agrees not to allow third parties to participate in such services or otherwise record, download, or transmit media relating to or derived from such services. This prohibition on transmission shall apply to internet links to individualized content or Vested Advocates’ online scheduling system.

7. Client Portal. Vested Advocates may provide access to a “Client Portal” on the internet, to its Customers and recipients of Services under this Agreement. Any material contained on this Client Portal, including, but not limited to, videos and audio files, documents, or data of any kind (“Client Portal Material”) is provided exclusively for the convenience of Customers and recipients of Services under this Agreement, and shall not be construed as part of the Services for which the Customer has contracted under this Agreement. Accordingly, Vested Advocates makes no representations about the accuracy of the Client Portal Material, including calendars of scheduled appointments, and disclaims all warranties, either express or implied, with respect to the Client Portal. Customer understands and agrees that Vested Advocates may discontinue the Client Portal at any time, without notice, and that neither Customer nor any recipient of Services under this Agreement has any right, title, or interest in Client Portal Material. Customer agrees not to share login credentials to the Client Portal with any person that is not a recipient of Services under this Agreement.

8. Terms of Service, Privacy and Refund Policies. By engaging Vested Advocates to furnish services under this Agreement, the Customer hereby agrees to the terms of the Terms of Service, Privacy Policy, and Refund Policy located at vestedadvocates.com, including any modifications to any of them published as of the time that Customer requests services and receives services under this Agreement.

9. Independent Contractor. Vested Advocates is an independent contractor, and is not the agent or employee of the Customer. The Parties are independent entities whose relationship is governed by this Agreement.

10. Legal Disclaimer. Vested Advocates is not a law firm. As such, all services rendered are non-legal services and all information provided by Vested Advocates should not be construed as legal advice.

11. No Warranty or Third Party Beneficiaries. Vested Advocates will advise customers and make recommendations regarding the subject matter of this Agreement. However, Vested Advocates makes no warranty that if its recommendations are followed, any particular result (including, but not limited to, special education or 504 Plan eligibility, desired programming, desired placements, etc.) will occur. Vested Advocates disclaims any and all warranties, express or implied, and does not guarantee any results. No provision in this Agreement is intended or shall create any rights with respect to the subject matter of this Agreement in any third party.

12. Indemnity. The Customer shall indemnify and hold harmless Vested Advocates and its affiliates, officers, directors, volunteers, and employees from any and all damages and/or claims arising out of Vested Advocates’ work on behalf of Customer, including costs of defense, provided, however, that the Customer shall have no obligation to indemnify or hold Vested Advocates harmless for any damages or claims that arise in whole or in part from the Vested Advocates’ own negligence or intentional acts.

13. Liability, Breach and Remedies. Vested Advocates shall not be liable to the Customer for any consequential or incidental damages, and to the extent permitted by law, any liability of Vested Advocates to Customer regarding the subject matter of the Services or this Agreement shall be limited to sums paid by Customer to Vested Advocates pursuant to this Agreement. In no event will Vested Advocates be liable with respect to any claims arising out of or related to the Services or this Agreement for any damages related to access to, use of or inability to access or use the Services or any portion thereof, including without limitation, interruption of service due to poor internet connection, device malfunction, or any other reason, or cessation or modification of any aspect of the Services. By way of example and not limitation, Vested Advocates shall not be required to refund to Customers sums paid for Services that cannot be completed due to disruptions in internet service.

14. Termination. This Agreement is effective as of the date first set forth above, and shall continue in effect until cancelled by either Party upon written notice to the other Party. The Customer may terminate this Agreement without cause at any time upon written notice to Vested Advocates, whereupon Customer shall immediately be liable to Vested Advocates for any unpaid invoices.

15. Miscellaneous. This Agreement constitutes the entire agreement of the Parties with respect to the subject matter hereof. All prior negotiations are merged into this Agreement. This Agreement may be executed in counterparts. A PDF copy bearing a Party’s signature shall have the same effect as a copy bearing an original signature. This Agreement shall be governed by the laws of Massachusetts. These documents may be executed by and through electronic signature technology in compliance with Massachusetts law governing electronic signatures, including but not limited to HelloSign®. Electronic signatures shall be considered as valid and binding as original, wet signatures. Signatures, originally signed by hand, but transmitted via e-mail or fax shall also be deemed valid and binding original signatures. The obligations and benefits of this Agreement shall be binding upon and inure to the benefit of the Parties and their successors. Each Party warrants that it is duly authorized to enter into and perform its obligations under this Agreement. All references to Vested Advocates in this Agreement shall include its employees, contractors, agents, and successors in interest.

VESTED ADVOCATES®

Educational Advocacy
That Empowers.

T: (617) 535-3730
Info@VestedAdvocates.com
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Available In Person at
Our Business Office

Vested Advocates

200 Cordwainer Drive
Suite 201C
Norwell, MA 02061
USA

Hours of Operation

Mon-Fri: 9:30 a.m. – 6:30 p.m.
Sat & Sun: 10:00 a.m. – 5:30 p.m.

We Work With:

Pre-K
K-Grade 5
Grades 6-8
High School
College Students

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