I. Parties:

The parties to this Agreement are [Participant], [Participant's parent or legal guardian if Participant is under 18 years of age, all referred to hereafter jointly and severally as “Student,” "Client", and “Participant”], and ModernBrain corporation, its officers, trustees, faculty, agents, representatives, volunteers, and employees (collectively referred to hereafter as "ModernBrain” and “Counselor”) for the college counseling program (“Activity” and “Program”).

II. Counselor’s responsibilities may include:

A. Research: Counselor will initiate high school/college research during meetings and provide suggestions for the student, if needed. Counselor will educate Student to find pertinent information and form educated opinions on schools regarding their suitability for Student.
B. Professional Evaluation: Counselor will review Student’s educational credentials: GPA, standardized test scores, extracurriculars, relevant diagnoses, and career/behavioral assessments (as available) to form an expert opinion regarding high school/or college fit.
C. Communication: Counselor will keep guardians informed of Student progress by documenting every session via email or a shared learning management system (as of 2022-2023, the learning management system is Google Classroom; the learning management system is subject to change).
D. Career/Major Exploration: Counselor will explore careers and majors with Student during scheduled meetings.
E. College List: Counselor will customize a high school/college list for Student.
F. Essay(s): Counselor will assist Student in brainstorming, drafting, and editing their original essay(s) as recommended/required by high schools/colleges to complete their applications.
G. Application(s): Counselor will assist Student with high school/college applications by guiding them through each section and reviewing for accuracy/completion prior to sending it to colleges.
H. Philosophy: Counselor will help clients follow the CRASH (competitions, research, academics, service, and hobbies) model of admissions planning.

III. Supplemental Counselor’s responsibilities include:

A. Communication: Reaching out between one and three times per week to Student to check on progress goals, as determined by Counselor; this communication can include, but is not limited to, email and text communication. All forms of communication must leave a written record.
B. Advice: Providing suggestions for Student when Student is not making expected levels of progress on goals.
C. Documentation: Confirming status of progress goals in writing for Counselor and Client at least one time per month.

IV. Counselor and Supplemental Counselor’s responsibilities do not include:

A. Guarantee of placement to any school, scholarship, or program. Since the only person who can impact the college’s ultimate decision is Student, designated fees are payable whether or not Student gains acceptance to the college of choice.
B. Contacting universities or its employees on behalf of Student and/or imposing undue pressure on schools for acceptance.
C. Completing research, writing essays, or filling out applications on behalf of Student.
D. Placing undue pressure on Student to complete assignments, initiate contact with schools, or choose a particular major/school.
E. Communicating with Student's school, teacher, or tutors.

V. Client’s responsibilities include:

A. Sharing all relevant educational records with Counselor.
B. Maintaining communication with the school counselor and following the requirements of the high school guidance office.
C. Supplying Counselor with school records, testing, teacher, behavioral and legal records, and psychological reports.
D. Scheduling and attending ongoing appointments with Counselor.
E. Scheduling high school/college visits and interviews.
F. Completing applications, essays, and portfolios after review with Counselor. All writing for the application must be Student’s own original work.
G. Completing and submitting all financial aid forms.
H. Securing school records, test scores, academic and personal recommendations, and forwarding them to high schools/colleges.
I. Remaining in communication with Counselor to facilitate placement.
J. Notifying institutions of intention of attendance. Deposit must be sent to only one institution, college. or university.

VI. By signing this contract, Client agrees to pay the following rates:

A. Application Advantage seminars: $1000 (ModernBrain's summer semester) or $3000 (ModernBrain's combined fall and spring semesters).

1. This option is only available to students who are current members of one of our middle or high school ModernBrain Nationals Teams—speech, debate, mock trial, or MUN.
2. These seminars will take place over Zoom twice per week (the same content in both weekly sessions). In each hour-long meeting, open to Parents and Students, we will 1) review the five most important college-related developments of the week, 2) detail the strategy behind the application of a speech/debate-focused student who got into a highly selective school, and 3) open up the discussion for detailed Q and A with our counseling expert(s)/Counselor.
3. This seminar series is free for students who have already signed up for our individualized college counseling packages (options C, D, or E below).

B. C.R.A.S.H. application review: $600.

1. By signing up for this application review, Student will submit a simulated version of the Common Application to ModernBrain, including their educational history (including courses and grades), honors and awards, plans, test scores, activities, writing samples, and additional information.
2. Student will receive a written report on their simulated application detailing their strengths, areas of improvement, and suggested action steps to achieve improvement goals. This report will be distributed within one week of the submission.
3. Student will schedule a one-on-one hour-long meeting to discuss the written report with Counselor.

C. Middle school counseling packages:

1. Middle school package one (6th, 7th, and 8th grade): $7,300.00. By signing up for this package, Client is entitled for 15 hours of one-on-one Zoom meetings with the Counselor. These include a total of five hours per year (five hours during 6th grade, five hours during 7th grade, and five hours during 8th grade) in addition to follow-up email support throughout all middle school. Allow Counselor 48 hours to respond to email inquiries. Client is also entitled to one or two weekly check-ins from Supplemental Counselor in between sessions with primary counselor.
2. Middle school package two (6th and 7th OR 7th and 8th grade): $5,200.00. By signing up for this package, Client is entitled for 10 hours of one-on-one Zoom meetings with the Counselor. These include a total of five hours per year (five hours during the first year and five hours during the second year) in addition to follow-up email support throughout the designated years. Allow Counselor 48 hours to respond to email inquiries. Client is also entitled to one or two weekly check-ins from Supplemental Counselor in between sessions with primary counselor.
3. Middle school package three (only 6th, only 7th, or only 8th grade): $3,120.00. By signing up for this package, Client is entitled for five hours of one-on-one Zoom meetings with the Counselor in addition to follow-up email support throughout the designated year. Allow Counselor 48 hours to respond to email inquiries. Client is also entitled to one or two weekly check-ins from Supplemental Counselor in between sessions with primary counselor.

D. High school counseling packages:

1. High school package one (9th, 10th, 11th, and 12th grade): $15,000.00. By signing up for this package, Client is entitled for 40 hours of one-on-one Zoom meetings with the Counselor. These include a total of 10 hours per year (10 hours during 9th grade, 10 hours during 10th grade, 10 hours during 11th grade, and 10 hours during 12th grade) in addition to follow-up email support throughout all high school. Allow Counselor 48 hours to respond to email inquiries. Client is also entitled to one or two weekly check-ins from Supplemental Counselor in between sessions with primary counselor.
2. High school package two (10th, 11th, and 12th grade): $11,000.00. By signing up for this package, Client is entitled for 30 hours of one-on-one Zoom meetings with the Counselor. These include a total of 10 hours per year (10 hours during 10th grade, 10 hours during 11th grade, and 10 hours during 12th grade) in addition to follow-up email support throughout the 10th, 11th, and 12th grade years. Allow Counselor 48 hours to respond to email inquiries. Client is also entitled to one or two weekly check-ins from Supplemental Counselor in between sessions with primary counselor.
3. High school package three (11th and 12th grade): $9,300.00. By signing up for this package, Client is entitled for 20 hours of one-on-one Zoom meetings with the Counselor. These include a total of 10 hours per year (10 hours during 11th grade and 10 hours during 12th grade) in addition to follow-up email support throughout the 11th and 12th grade years. Allow Counselor 48 hours to respond to email inquiries. Client is also entitled to one or two weekly check-ins from Supplemental Counselor in between sessions with primary counselor.
4. High school package four (only 9th, only 10th, only 11th, or only 12th grade): $7,300.00. By signing up for this package, Client is entitled for 10 hours of one-on-one Zoom meetings with the Counselor. These include a total of 10 hours during the designated year (only 9th, only 10th, only 11th, or only 12th grade) in addition to follow-up email support throughout all the designated year. Allow Counselor 48 hours to respond to email inquiries. Client is also entitled to one or two weekly check-ins from Supplemental Counselor in between sessions with primary counselor.

E. Transfer package: $7300.00.

By signing up for this package, Client is entitled for 10 hours of one-on-one Zoom meetings with the Counselor in addition to follow-up email support throughout all the designated year. Allow Counselor 48 hours to respond to email inquiries. Client is also entitled to one or two weekly check-ins from Supplemental Counselor in between sessions with primary counselor.

F. Single-session interview prep: prices match the 'private sessions' listed on the current semester's registration form.

By signing up for a single session of interview prep, Client will inform the counselor prior to the session in writing about their goals for the session (for example, preparing for an alumni, InitialView. or Vericant interview). Client will receive one hour of Zoom interview training aimed at helping them achieve those goals. Client is not entitled to any other pre- or post-session correspondence.

G. Discounts. If Student signs up for a college counseling package (not a private session) and another ModernBrain class, including a Nationals Team competition class (in the same year), Student is entitled to a 5% discount on the other ModernBrain class. Client must affirmatively remind ModernBrain of this discount during registration for the other ModernBrain class. Client can apply this discount to one ModernBrain class per school semester.
H. Refunds. Once a contract is signed, Client is not entitled to a refund. If Client wishes to cancel their counseling package, Client may reapply their counseling payment towards another ModernBrain class (prorated. according to their age bracket’s package one rate). Example: if Client purchases “high school package four” and spends six months receiving counseling before opting not to continue their service, they will have enjoyed an effective rate of $3650 for the half-year. They will have $3650 left as credit to use on ModernBrain classes.
I. Payment. Payment for service options is due in full at the signing of the contract. For service to continue, payments must be paid on time. Other payment schedules may be considered.
J. Cancellations. Clients who cancel or miss an appointment without a minimum of 48 hours’ notice will result in the hour being ‘counted’ towards the 10 yearly hours without being refunded. Hours not used for a given year do NOT roll over. Designated years end on June 30 and new years begin July 1.

VII. Privacy.

ModernBrain corporation agrees to keep all personal, academic, medical and financial information concerning the client or client’s family confidential except in those cases in which the client’s or other’s welfare is at risk and/or the client’s parents/guardians approve release of client data. Client hereby gives permission for client’s admissions results to be displayed in ModernBrain’s promotional material. Client does not expect compensation for any advertising.

VIII. Release from Liability.

Participant promises not to sue and releases ModernBrain from all liability and all claims, including claims of ModernBrain’s negligence, resulting in any physical or psychological injury (including paralysis and death), illness, damages, or economic or emotional loss Participant may suffer because of Participant’s participation in this Activity, including travel to, from, and during the Activity.

IX. Assumption of Risk.

Participant is aware of the risks associated with traveling to/from and participating in the Activity, which include but are not limited to physical and psychological injury, pain, suffering, illness, economic or emotional loss, and/or death. Participant understands that these injuries or outcomes may arise from Participant’s own or other’s actions, inaction, or negligence, or conditions related to travel. Nonetheless, Participant assumes all related risks, both known or unknown to Participant, of Participant’s participation in the Activity including travel to, from, and during the Activity.
A. Participant acknowledges and agrees that ModernBrain assumes no responsibility for any liability, damage, or injury that may be caused by Participant's negligent or intentional acts or omissions or for any liability, damage, or injury caused by the intentional or negligent acts or omissions of others, including other participants.
B. Participant intends that both the assumption of risk and the release of claims be complete defenses to all actions, claims or demands that Participant, Participant’s heirs or legal representatives have or may have for injuries to person or property, including death, as a result of activities for which the participant has assumed risks and/or released and/or waived claims.

X. Indemnification and Hold Harmless.

Participant hereby agrees to indemnify, defend, and hold harmless ModernBrain from any injury, loss or liability whatsoever including reasonable attorneys' fees and/or any other associated costs, from any action, claim, or demand that Participant, Participant’s heirs or legal representatives, has or may have for any and all personal injuries Participant may suffer or sustain, regardless of cause or fault as a result of, arising out of, associated with, or resulting directly or indirectly from Participant’s voluntary participation in or decision to participate in the Activity. This Indemnification and Hold Harmless Agreement is intended to be all encompassing, to the fullest extent permitted by law.

XI. Termination of Participation.

Participant shall not engage in inappropriate conduct, which includes but is not limited to harassment and criminal acts. Participant understands that, in its sole discretion, ModernBrain may terminate at ModernBrain’s sole discretion Participant's participation in the Activity at any time, including during the Activity. Such termination shall not diminish or otherwise alter Participant's obligation to make any payment required for the Activity, nor shall ModernBrain be required to make any refund.

XII. Severability.

It is understood and agreed that, if any provision of this Agreement or the application thereof is held invalid, the invalidity shall not affect other provisions or applications of this Agreement which can be given effect without the invalid provisions or applications. To this end, the provisions of this Agreement are declared severable.

XIII. Construction and Scope of Agreement.

The language of all parts of this Agreement shall in all cases be construed as a whole, according to its fair meaning, and not strictly for or against any party.