Terms & Conditions
When booking an appointment, you agree to the following Terms & Conditions.
Terms & Conditions
Without limiting the scope of services, the agreement between Cynthia Moore, doing business as (DBA) Advocate Tip of the Day (ATOTD), and the "Client" is for the purpose of providing educational advocacy and consultation services to enable the Client to become familiar with their rights to assist them in making informed decisions. An electronic copy of this agreement shall have the same force and effect as a physical copy. The individual completing the form is the "Client". Consent to this agreement is provided by checking the box "I agree to Terms & Conditions" on the intake form. Agreement with these Terms & Conditions supersedes all prior agreements for advocacy services with Cynthia Moore.
In consideration of the services rendered as described in the paragraph below, the responsible party agrees to pay fees to Cynthia Moore, doing business as Advocate Tip of the Day (ATOTD), in a timely manner:
- Deposit: An initial deposit of $300.00 has been provided in consideration of delivering support to the Client at a rate of $300 for a 120-minute consultation. This support is called "Consultative Only." The first hour is spent reading the materials the client provides. The second hour is spent meeting via Zoom or phone with the client to discuss the findings. The materials must be provided at least 48 hours before the meeting, or the appointment may be rescheduled. Deposits are non-refundable and due in advance of service. Outstanding balances require immediate payment. Payment of the initial invoice also provides electronic consent to this contract.
- Hourly rate for ongoing advocacy services: Services are provided at a rate of $150 per hour, billed in increments of a minimum of 15 minutes for advocacy and consultation services. This includes but is not limited to, any due process-related activities regardless of whether the Client, the district, or another party initiates the due process activity. This support is called "Full-Service." Deposits are non-refundable and due in advance of service.
To increase the level of servicing support from Consultative Only to Full-Service (e.g., attending IEP meetings, participating in a mediation, SPEDEx, or facilitating team meetings, and connecting directly with service providers or the district), the Client will be required to submit a deposit of $1,500 representing payment for an anticipated 10 hours of service. The Client is required to restore the deposit when the amount on the account is below $750. The Client may also secure Full-Service support without engaging in a Consultative Only session.
- Travel time: Travel is billed in 15-minute increments door-to-door round trip at the rate specified in item 2 above as ongoing advocacy services. At this time, and until otherwise indicated by Cynthia Moore, all activities are conducted remotely. Cynthia Moore does not travel to deliver the services described by this contract.
- Remote participation: At this time and until otherwise indicated by Cynthia Moore, all activities associated with client support are delivered remotely. This includes but is not limited to, attending IEP meetings, mediation, and client discussions remotely. No activities will occur in person. The client agrees to provide all materials electronically including, but not limited to, student records in order to enable remote operations.
- Expenses: Expenses include, but are not limited to, overnight mail services, postage, tolls, copying, scanning, printing, and materials used for organizing (i.e., binders, dividers, flash drives, etc.) are billed to the client. Printing will incur both a per-page and time fee.
- Collaboration: Collaboration with, or work performed by, contractors, partners, employees, or other professionals engaged by Cynthia Moore as needed to support the case will be included in the invoice as consulting time and due upon receipt. When such consultations exceed the consultation rate, the fee will be passed through to the client. The Client acknowledges and agrees that Cynthia Moore utilizes support staff in all aspects of her business.
- Waivers: Any courtesy waiver of fees, out-of-pocket expenses, or other charges does not imply or promise future waiver of such activities. Cynthia Moore also reserves the right to rescind prior waivers at her discretion.
Outstanding balances are not allowed, but if such arises due to unforeseen circumstances, it will result in an interest rate of 2% per month to be incurred plus the hourly consultation fee rate for time spent on pursuing bill payment and collection. These amounts continue to be payable immediately by the Client.
The Client agrees to cooperate with Cynthia Moore as required and reasonably necessary to enable the performance services to be rendered pursuant to this agreement. Such cooperation shall include, without limitation, keeping Cynthia Moore fully informed of all occurrences or developments that might affect the progress or outcome of matters under this Agreement including carbon copying Cynthia Moore on correspondence with the district and providers.
Clients will communicate by email. Clients will refrain from sending communications to or from Cynthia Moore on social media platforms. The Client will limit texting activities to emergencies, unexpected rescheduling needs, alerts to running late for a meeting, or communication of questions or prompts during IEP meetings or facilitated team meetings. The Client will refrain from posting disparaging comments and defamatory statements about their district and their district’s staff, including contractors, on social media. The Client agrees to refrain from posting about their case on social media. The Client agrees to refrain from speaking to the media about their case unless specifically agreed to in writing with Cynthia Moore.
Records retention is the responsibility of the client. Clients are expected to retain copies of all records for their use. Records in Cynthia Moore’s possession electronically, physically, or otherwise, are in general destroyed one year from the end of the last activity on the case or sooner at the discretion of Cynthia Moore. Electronic records and notes are in general destroyed on an ongoing basis.
Cynthia Moore will make every effort to attend to her client’s needs in a timely manner; however, she does not agree to cancel meetings or appointments already scheduled for the benefit of others and cannot guarantee a specific response time due to multiple variables. The Client acknowledges that Cynthia Moore will endeavor to reply to contacts in a timely manner but cannot guarantee a response time due to the nature of the advocacy world.
The Client acknowledges that Cynthia is unavailable during both the February and April vacation weeks including a few days before or after, and the second week of March, and the week including Thanksgiving and Christmas. The Client acknowledges that Cynthia Moore has the right to limit her performance of all activities described within this Agreement to specific hours, days of the week, or weeks of the year. The Client also acknowledges that Cynthia Moore can be unavailable for vacation or other personal time. The Client acknowledges that Cynthia Moore is unavailable during these times and if Cynthia Moore does reply, this does not obligate her to continue working during the time away.
If the Client wishes to cancel or change a scheduled consultation appointment, they must notify Cynthia Moore by telephone at least 2 business days in advance. Rescheduling an observation, IEP meeting, mediation, or due process-related meeting, requires a 2-week notice. Failure to notify will result in being billed the amount of time previously reserved for such an appointment. Cancellations due to school closures or early release due to inclement weather are excluded. Cancellations that are initiated by the school district require proof, such as an email from the district, and with such proof are also excluded. The Client should contact Cynthia Moore as early as possible if an illness arises. The Client should not attend an IEP meeting if they are too ill to think carefully, fully consider the discussion at hand, and meaningfully participate in the IEP meeting.
Cynthia Moore assures that all information, conversations, and/or concerns will be kept confidential and only released or shared in compliance with the contract, as needed to conduct the advocacy business, any “Information Release Form” authorization form(s), and as State and Federal law may require.
All parties acknowledge that Cynthia Moore is not an attorney, does not engage in the practice of law, is not providing legal advice, and although is a highly experienced advocate, is not held out as an expert in the field of education, evaluation, placement, psychology, behavioral sciences, law, or medicine. The Client agrees and understands that there is no guarantee of any kind implied or explicitly stated in the delivery of said services or on the outcome of executing or refraining from executing options discussed during consultations. All decisions regarding the IEP are the Client’s to make and responsibility for the experiences or outcomes resides solely with the Client.
The Client agrees to hold harmless and indemnify Cynthia Moore from all liability seen or unforeseen including, but not limited to, any claims arising from the adult or minor child, any custodial or noncustodial parent or guardian(s), foster parent(s), or others while engaging in the business of advocacy on behalf of the child in their care.
Neither party shall make any oral or written statement about the other party which is intended or reasonably likely to disparage the other party, or otherwise degrade the other party’s reputation in the business, legal, advocacy, disability rights, or educational industries. The Client also agrees to notify Cynthia Moore prior to seeing the counsel, advice, or input of any other advocate or from an attorney. The Client acknowledges that they are free at any time to seek the counsel, advice, or input of any attorney.
The Client agrees to pay all expenses, including but not limited to the contract rate identified above and any legal costs for representation for Cynthia if such becomes necessary if a due process or any other types of legal action arises to which Cynthia Moore is called upon to prepare for, respond to, testify within, or become involved in at any capacity. These amounts shall also be paid upon demand, and when necessary, as determined by Cynthia Moore, paid directly to third parties.
If it is necessary for Cynthia Moore to engage legal counsel for consultation and/or other representation in connection with any dispute arising out of the services to be performed hereunder, or the collection of any delinquent account balance hereunder, the Client agrees to reimburse Cynthia Moore for any and all legal fees, related costs, and expenses actually paid from, or incurred by, Cynthia Moore and/or her employee contractors, representatives, agents, or legal counsel. Communication in all forms and claims made by Cynthia Moore during dispute resolution or legal action shall not be construed to violate any section of this agreement.
This provision does not apply to Cynthia’s gross negligence. Gross negligence claims shall be limited to the value of the hourly rate charged for the tasks under dispute. The state of Massachusetts shall have jurisdiction over any dispute, controversy, or claim arising out of or in connection with this contract, including any question regarding its existence, validity, termination, or breach thereof.
Cynthia Moore reserves the right to terminate this contract with written notice to the client, at any time for any reason including, but not limited to, overdue payments, inactivity, or unresponsiveness of the Client. Cynthia Moore may provide such written notice electronically utilizing the contact information provided. The Client may also cancel the contract at any time by providing notice in writing 2 weeks ahead of cancellation. The cancellation of the contract by either party does not negate the responsibility to pay the outstanding balance.
Breach of Contract
Cynthia Moore will not be in breach of or in default under this agreement on account of and will not be liable to the other party for, any delay, loss of documents, or failure to perform obligations under this agreement by reason of fire, earthquake, flood, explosion, strike, riot, war, terrorism, theft, pandemic, illness of self or family member, or similar event beyond that party’s reasonable control. However, if one of these events occurs, the affected party shall, as soon as practicable:
(a.) notify the other party of the Force Majeure Event and its impact on performance under this agreement; and (b.) use reasonable efforts to resolve any issues resulting from the Force Majeure Event and perform her obligations under this agreement.
The client agrees to read all materials Cynthia Moore may forward, consider all training recommended, and at least annually read the Notice of Procedural Safeguards given to the client by the school district. The parents acknowledge that is their sole responsibility to ensure they fully understand their rights and can provide informed consent. Cynthia Moore aids the client with these efforts but is not liable for the client’s knowledge base or decisions made based upon, or in the absence of, knowledge. The Client also agrees to notify Cynthia Moore prior to seeing the counsel, advice, or input of any other advocate or from an attorney. The Client acknowledges that they are free at any time to seek the counsel, advice, or input of any attorney.
Agreement with Terms & Conditions
By checking off the box "I agree to Terms and Conditions*", the individual completing the form certifies that have read, understood, and agrees with the terms and conditions of this contract and agrees to abide by these terms and conditions. It is further understood that this writing is the entirety of the contract and there are no collateral oral or written agreements or understandings. This contract may only be modified in writing and signed by the parties hereto. An electronic copy of this document will have the same force and effect as any original.