Client Agreement - A Review of the Contract

Transcription

1 FINANCIAL PLANNING AGREEMENT Name of Client: Mailing Address: City: State: Zip: Primary Phone: Secondary Phone : Address: This Financial Planning Agreement ( Agreement ) is entered into as of the date set forth below, by and between Moll Wealth Management ( Advisor ), and ( Client ). 1. Scope of Services. Client retains Advisor to provide financial planning services to Client based on the financial objectives and present financial situation of Client as disclosed to Advisor. This engagement does not include any services not specifically stated in this Agreement. 2. Data Gathering. Advisor will conduct an initial meeting or interview with the Client to discuss the Client s financial objectives and to gather financial information, including information regarding assets, liabilities, savings and investment goals, health, educational and retirement needs. In addition to the general information requested in the data gathering process, Client agrees to provide copies of various supporting documents as requested by Advisor. 3. Financial Planning Process. Based on a review and analysis of the information provided, Advisor will prepare an initial financial plan for Client and provide alternative recommendations to meet Client s stated objectives. Advisor will meet with the Client to discuss the initial financial plan and recommendations. Based on the outcome of this meeting, Advisor will prepare a final financial plan. Advisor will assist Client in the implementation of the plan recommendations during the term of this Agreement. Implementation generally includes reviewing communications with other professionals on matters resulting from the financial plan recommendations. 1

2 4. Client Responsibilities. Client shall be responsible for determining the needs and objectives upon which the financial plan will be based and for approving the final financial plan. The Client agrees to provide information regarding income, investments, income tax situations, estate plans, and other pertinent matters as requested. Client also agrees to discuss needs and goals frankly on an annual basis or more often if needed. Client acknowledges that Advisor cannot adequately perform services on the Client's behalf unless the Client performs such responsibilities. Client also agrees to allow Advisor to consult with and obtain information from the Client's accountant, attorney, banker or other professional if needed. Adviser is not required to verify any such information obtained. 5. Fees Fees are based on a Financial Consulting Subscription that includes preparation of a full financial plan according to the following fee schedule (Fee Schedule): $100/month (12 month minimum) $1,200 per year An estimate of fees for the initial financial planning process are set forth on the attached Schedule 1. Advisor and Client may agree upon a fixed fee based on the Fee Schedule. Fees may vary from the Fee Schedule depending on the scope of services requested by the Client. This fee estimate does not include future updates of the plan that may be required because of changes in circumstances or assistance with implementing the plan recommendations. 6. Term and Termination. The term of this Agreement will commence as of the date set forth on the signature page below ( Effective Date ) and shall continue for a period of one year from the Effective Date ( Termination Date ). If this Agreement is terminated prior to the Termination Date, Client shall be responsible for full payment of the remaining balance of the initial financial planning fee. Any pre-paid fees in addition to fees for the completed financial plan will be refunded to Client on a pro rata basis. Client may also terminate this agreement within five (5) business days of the Effective Date without penalty and for a full refund of any fees paid. Advisor reserves the right to suspend or terminate work due to non-payment. In the event that this Agreement is suspended or terminated as a result of non-payment, Client agrees that Advisor will not be responsible for any type of penalty or interest. 7. Indemnification. Advisor and each of its members, officers, employees and other applicable representative as well as their respective successors, assignees and transferees, shall be indemnified and held harmless by Client, against any losses, damages, obligations, penalties, claims, actions, suits, judgments, liabilities, costs, and expenses (including, without limitation, reasonable attorneys and accountants fees, as well as reasonable investigatory expenses) and amounts paid in settlement of any claims (collectively Losses ) sustained by any of the foregoing persons by reason of the fact that Advisor was or is an Advisor to Client, including, without limitation, all 2

3 legal, professional and other expenses incurred by the Advisor, or persons designated by it, in the performance of its duties and obligations under this Agreement, all indemnity obligations owed by the Advisor to persons designated by it and any loss as a result of any misdelivery or error in any telexed, telefaxed or ed transmission or as a result of acting upon any forged document or signature, provided that Advisor and its members, officers, employees or other applicable representatives acted in good faith and in a manner reasonably believed to be in, or not opposed to, the best interests of Client, and such Losses were not found to have been the result of Advisor s gross negligence, fraud or willful misconduct in the performance or non-performance by the Advisor of its duties to Client, under this Agreement. Certain federal and state securities laws impose liabilities under certain circumstances on persons who act in good faith, and therefore nothing in this Agreement shall in any way constitute a waiver or limitation of any of the rights that Client may have under such laws. 8. Dispute Resolution. Client agrees that all controversies between Client (including Client s principals or its agents), and Advisor or Advisor s members, officers, employees, or representatives (including affiliated corporations or entities) arising from or relating to (i) the Account; (ii) any recommendations, representations, actions, or alleged omissions by Advisor; or (iii) the construction, performance, or breach of this or any other agreements between Client and Advisor, shall be determined by arbitration before the American Arbitration Association. This provision applies regardless of whether the alleged action, omission, or representation preceded the date of this Agreement. Nothing in this provision constitutes a waiver of any right provided to Client under the Investment Advisors Act of 1940, including the right to choose the forum, whether arbitration or adjudication, in which to seek resolution of disputes. 9. Notices. All notices under this Agreement will be deemed effective if mailed to the address indicated by Client on the signature page of this Agreement and to Advisor as indicated below, or to such other address as a party may designate in writing to the other party: (a) on the date given if delivered personally or by confirmed facsimile transmission, or (b) on the date received if mailed by registered or certified mail (return receipt requested) or private courier, to the party being provided with notice. 10. Assignment. Moll Wealth Management 120 Landsdowne Drive NW Atlanta, GA No assignment of this Agreement will be made by Advisor without the prior written consent of Client. No assignment of this Agreement will be made by Client without the prior written consent of Advisor. 3

4 11. Successors. This Agreement inures to the benefit of Advisor and its successors, irrespective of any change at any time in the personnel thereof. This Agreement binds Client, Advisor and their successors in interest with respect to all transactions, trades, dealings and actions by Advisor after Client s death, mental incapacity, insolvency, dissolution or liquidation until such time as Client (or its legal representatives) notifies Advisor in the manner set forth herein, of its intention to terminate this Agreement. 12. Survival. The provisions of this Agreement shall survive the termination of this Agreement with respect to any events occurring or matter arising while this Agreement was in effect. 13. Governing Law. This Agreement shall be governed by the laws of the State of Georgia, U.S.A., without regard to choice of law rules. 14. Construction. Headings used in this Agreement are for convenience only and shall not affect the construction or interpretation of any of its provisions. Each of the provisions of this Agreement is severable, and the inapplicability of one or more provisions, in whole or in part, shall not affect any other provision. 15. Entire Agreement. This Agreement supersedes all prior agreements, if any, between the parties with respect to the Account. The agreements and undertakings set forth in this Agreement constitute the entire agreement between the parties with respect to the investment and management of the Account, and no other agreement, verbal or otherwise, shall be binding upon the parties hereto. 16. Amendment. This Agreement may be amended from time to time with the mutual written consent of the parties. 17. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original and all of which, when taken together, shall constitute one original instrument. 4

5 18. Acknowledgement of Receipt of Disclosure Statement. Client hereby acknowledges having received a copy of Part 2A and 2B of Advisor s Form ADV at least 48 hours prior to the execution of this Agreement; or Client hereby acknowledges receipt of a copy of Part 2A and 2B of Advisor s Form ADV and understands that he or she has the right to terminate this Agreement for advisory services without penalty, within five business days after execution of this Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement effective as of the date set forth below. MOLL WEALTH MANAGEMENT as Advisor By: Matthew Moll, Managing Member Client Name: Client Signature: Joint Client Name: Joint Client Signature: EFFECTIVE DATE: 5

6 SCHEDULE 1 FEE ESTIMATE 6