This is an Agreement between You (“Client” or “You”) and Career Protocol, LLC (“Career Protocol” or “We/Us”). The purpose of this Agreement is to describe the terms under which Career Protocol will provide You with services to help You in applying to business school during one single application season. (See below for more specific information about the timing of Your project).
The investment You will make and the services You will receive depend on the number of schools You select for Your project.
For the consideration set forth in this Agreement and in exchange for Your agreement to the promises contained in this Agreement, it shall be Career Protocol’s pleasure to serve You by providing the following products and services during the term of this Agreement.
A. Resources. You will receive access to the following proprietary Career Protocol Resources through April 30 following the execution of this agreement:
B. Regular Communication with Your Career Protocol Coach. You will have access to Career Protocol’s advice through the following personal communications:
C. Application review and support. To support You in creating awesome applications, Career Protocol will also provide You with:
Please see Appendix A for additional clarifications and exclusions to Our service.
In exchange for these Services, You agree to pay Career Protocol the following fees.
A. Base Project Fee. Your base fee depends on the number-of-schools project You select above.
B. Expedited Service Surcharge. If You require expedited feedback on a specific portion of Your application (and only if the Coach has availability), Career Protocol will accommodate faster turnaround for an additional fee of $100 for each application item/draft for which You request expedited assistance, i.e. for each draft of an essay, resume, short answer document, recommendation or other miscellaneous application item. Compiling multiple essays into one document will incur an expedited fee for each of the multiple items. Expedited documents will be returned within one business day.
C. Round Change Service Charge. Please see the description of this fee in Section IV below.
D. Additional school fees. Should You decide to add schools to Your project after the 7-day trial period.
You agree to pay the entire Base Project Fee upon executing this Agreement. You understand that Career Protocol will not begin providing the Services until receiving Payment in full.
Career Protocol will send You a timely invoice for any additional Fees, for example for expedited service or in the event that You decide to add additional schools or applications. You agree to pay these additional invoiced amounts upon receipt. You agree to waive any right to contest any invoice unless any objection or dispute is communicated to Career Protocol in writing within seven days of receiving the invoice.
All fees are non-refundable and will not roll-over to the next application season regardless of whether You have used all of the Services for which You paid during the application season to which this Agreement applies after the 7-Day trial period has passed.
A. Career Protocol acknowledges, represents and agrees that:
B. Client acknowledges, represents and agrees that:
1. Services expire after one application round.
Career Protocol’s obligation to provide Services ends at the end of the round of admissions following the execution of this Agreement. That is, You understand and agree that Career Protocol will provide Services to You only during the round for which You signed up in a single application season. Projects, parts of projects, or any other services purchased cannot be moved to a future year or season for any reason. Any services not used within the timeframes outlined below expire and are nonrefundable.
2. Both Parties are subject to a 7-Day Trial Period.
Both You and Career Protocol have 7 calendar days to adjust this agreement. Once this agreement has been executed, Your Coach will schedule Your kick-off call. Within 7 calendar days of that initial kickoff call, You have the following options:
In the same 7-Day Trial Period, Career Protocol also has the right to…
3. Confidential, copyrighted, and proprietary nature of Career Protocol materials.
You agree not to violate the confidentiality and intellectual property rights of Career Protocol’s materials. That is, You understand and agree that all materials provided by Career Protocol, including all materials available on the Career Protocol portal and all other written materials from Career Protocol are the property of Career Protocol. You understand and agree that this Agreement provides You solely with a temporary, personal license to use these materials, which You may not copy or transfer.
If You knowingly provide these materials to any other individual, business school applicant, admissions consultant, or otherwise, You agree that You will owe Career Protocol damages that include, but are not limited to, the Three-School Base Project fee for each person with whom You have wrongly shared these materials, whether or not that person applies to business school. If You knowingly provide these materials to a competitor of Career Protocol or other provider of similar services, You understand that You may be liable for monetary damages including Career Protocol’s lost profits and business opportunities (see Limitation on Liability, below).
Career Protocol understands and agrees that Your personal essays, written application answers, resume, and similar items are not Career Protocol’s intellectual property, even if Career Protocol assisted You in drafting or editing them, and thus You may continue to use them at Your discretion.
You further represent and agree:
Please see Appendix B for an outline of additional principles we expect You to adhere to during this engagement.
C. Disclaimer of Warranties:
Other than the specific limited warranties outlined above, Client acknowledges that Career Protocol provides no other express or implied warranties with respect to the materials or services under this agreement, and expressly disclaims any implied representations or warranties. In particular, because the MBA application process and subsequent recruitment processes are subjective, Client acknowledges that neither Career Protocol nor its representatives make any express, implied or other representations or warranties with respect to the impact these services have on Client’s application success rate. Neither Career Protocol nor its representatives can or do make any express, implied or other representation or warranty that Client will be admitted to any academic institution or achieve any other specific professional outcome.
A. Limitation of Liability. In no event shall either Client or Career Protocol be liable for any damages exceeding the fees due under this Agreement, except in the event that Client violates Career Protocol’s confidentiality, copyright or other intellectual property rights (see Section IV(B), above). In that event, Career Protocol shall be entitled to both injunctive and monetary relief, with such monetary relief not limited to the specific fees described in Section IV(B), but to further include any other lost profits or monetary damages to Career Protocol. Otherwise, neither Client or Career Protocol shall be liable for any lost profits of any kind or any indirect, special, general, incidental, punitive, or consequential damages.
B. Career Protocol’s right of termination. Career Protocol will be entitled to immediately terminate this Agreement on written notice to the Client for any unethical or disrespectful behavior, deception, or other misconduct by the Client, such termination to be at Career Protocol’s reasonable discretion. Career Protocol will not refund Client for any Career Protocol project services which have already been paid but remain incomplete as at the date of termination.
C. Assignment. Career Protocol shall have the right, at its election, to assign this Agreement to any person, firm or corporation. The Client may not assign its rights under this Agreement under any circumstances.
D. Entire Agreement. This Agreement contains the entire Agreement between the parties and supersedes all previous negotiations, understandings and agreements, verbal or written with respect to any matters referred to in this Agreement. This Agreement may not be modified other than by a written modification signed by both parties.
E. Jurisdiction and Choice-of-Law. This Agreement shall be construed in accordance with and pursuant to the laws of the State of Texas. Career Protocol and the Client agree to submit any dispute they cannot resolve to mandatory mediation. If such mediation fails, any action is subject to the exclusive jurisdiction and venue of the state or federal courts of Texas.
We are delighted to serve You per the parameters of the above agreement. This appendix provides further clarification of the boundaries of what is included in this service and what is not included.
Client acknowledges, represents and agrees that the following Services are NOT included in Your basic project, some of which can be added on, incurring additional fees:
You further agree to uphold these principles in Your work with Us and beyond for the duration of Your project: