This document sets forth an agreement between a consultant and a responsible party
for the provision of educational or special education services to a student. The
consultant agrees to provide advice to the responsible party as to the appropriate and
necessary educational services to be provided to the student. This document contains
the material terms and conditions of the agreement including the specific services to be
provided, the location of the consultations, the payment details, and the term of the
agreement. It contains numerous standard provisions and may be customized to fit the
specific needs of the contracting parties.
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 name of party financially responsible for payment if not
student.] (“Responsible Party”), for the benefit of _____ [Instruction: Insert student’s
name.] (“Student”) and _____ [Instruction: Insert consultant’s name.] ("Consultant").
WITNESSETH:
WHEREAS, Consultant is recognized as _____ [Instruction: Insert area of expertise.];
and
WHEREAS, the Responsible Party 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 Responsible Party with consulting services with respect
to Student (“Services”).
2. The initial consultation shall take place on _____ [Instruction: Insert
commencement date.] and thereafter, consultations shall take place on an as-
needed basis. Consultant agrees such consultations may take place at
Consultant’s office, Responsible Party’s home or at other locations to be
determined, and which may include, but not be limited to, the school district
office, or Student’s school(s).
3. Consultant shall provide advice to Responsible Party as to the appropriate and
necessary services to be provided to Student, based upon Responsible Party’s
information to Consultant regarding Student’s need for services. Consultant shall,
to the best of his ability, advocate for Student to obtain and receive any necessary
services, and shall assist Responsible Party, to the best of his ability in reviewing
and developing Student’s IEP or other similar documents. [Comment: Revise as
necessary to reflect the actual services to be provided by Consultant.]
4. Responsible Party will pay Consultant $_____ per hour, payable on the first day
of the month. 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 Consultant is
unable to obtain Student the services which Responsible Party desires Student to
obtain or receive.
5. Responsible Party understands, acknowledges and agrees the amount of hours
spent by Consultant, and therefore, the fees due Consultant will vary based on
numerous factors, including but not limited to, meetings with school
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administrators and review of test results. Consultant shall bear no liability for any
failure by Student to obtain any necessary or appropriate test or for failure of
school to provide any necessary or appropriate services.
6. The Consultant will assist the Responsible Party in developing an optimal
positioning and communication strategy. Consultant will review all test results
provided by Responsible Party, and may, in his discretion, advise additional
testing be performed. The Consultant will not be responsible for ensuring any
such testing is correct, or is performed or that the results of any such tests are
actually provided to the school. The Consultant shall bear no liability for
calendaring of deadlines or meetings with school administrators to discuss
Student’s individual needs, nor shall Consultant bear any liability for any failure
of Responsible Party to submit (nor for any untimely submission of) any
necessary or additional supporting documentation.
7. The Responsible Party agrees to fully and truthfully disclose Student’s academic
record as well as any other pertinent information to the best of their knowledge,
including but not limited to any applicable medical or psychological records.
8. It shall be the responsibility of Responsible Party, at his sole cost, to obtain any
and all test results and/or any other necessary documents.
9. Parties hereto understand, acknowledge and agree that Consultant shall bear no
liability for any (or all) School’s decisions with respect to Student obtaining any
services.
10. 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.
11. 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.
12. 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
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.
13. 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.
14. 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
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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.]
15. 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.
16. 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