This financial planning agreement (the Agreement ) is made on this date: between the undersigned party, whose mailing address is

Transcription

1 F I N A N C I A L P L A N N I N G A G R E E M E N T This financial planning agreement (the Agreement ) is made n this date: between the undersigned party, CLIENT(s): whse mailing address is (hereinafter referred t as yu r yur ), and New Dimensins Wealth Management, L.L.C., a registered investment adviser, whse mailing address is: 825 Market Street, Bld M, Suite 250, Allen, Texas (hereinafter referred t as us, we, r ur ). 1. Financial Planning Service(s). We shall prvide yu with the specific financial planning and/r cnsulting services set frth n the attached Exhibit A ( Planning Services ). We shall discuss ur recmmendatins, which may include tpics such as insurance, taxes, retirement needs, investments, estate planning, etc. with yu. Our recmmendatins may be implemented, at yur sle discretin, with the prfessinal adviser(s) f yur chsing (including yur brker, accuntant, attrney, etc.). When perfrming the Planning Services under this Agreement, we are neither yur attrneys nr yur accuntants and n prtin f the financial plan r any Planning Services rendered by us shuld be interpreted by yu as legal r accunting advice. We recmmend that yu seek the advice f a qualified attrney and accuntant. Our Planning Services pursuant t this Agreement d nt include investment supervisry r investment management services, nr the regular review r mnitring f yur investment prtfli. In the event that yu want us t prvide nging investment mnitring and review services, such engagement shall be set frth in a separate written agreement between the parties, fr which services we shall be paid a separate and additinal fee. Our fees fr the Planning Services are set frth n Exhibit B (Fee Schedule) and may be negtiable. Delivery f a financial plan shall be cmpleted n later than six mnths frm engagement, assuming all relevant client infrmatin is prvided in a timely manner. Our Financial Planning Services shall be cmpleted 90 days fllwing the presentatin and delivery f yur financial plan under this Agreement. Thereafter, subject t the terminatin prvisins f Sectin 13, yu may engage us t perfrm cmprehensive wealth management services, which will include any necessary updates t the financial plan prvided under this Agreement as well as investment management services. Shuld yu engage us fr Wealth Management Services, an additinal Agreement will be signed by bth parties. 2. Scpe f Engagement. Yu agree t prvide us with any infrmatin and/r dcumentatin we may request in furtherance f this Agreement regarding yur incme, investments, estate plan, tax-related infrmatin, financial needs, gals, and bjectives, and t keep us infrmed f any changes theret. Yu acknwledge that we cannt adequately perfrm the Planning Services fr yu unless yu diligently perfrm yur respnsibilities under this Agreement in a timely manner. We shall nt be required t verify any infrmatin btained frm yu, yur attrney, accuntant r ther prfessinals, and are expressly authrized t rely theren. All such prfessinals are hereby given permissin by yu t prvide us with infrmatin we may need. Yu are free at all times t accept r reject any recmmendatin frm us, and yu acknwledge that yu have the sle authrity with regard t the implementatin, acceptance, r rejectin f any recmmendatin r advice frm us. Our recmmendatins are based upn ur prfessinal judgment. We d nt guarantee the results f any f ur recmmendatins. Yu are free t btain legal, accunting, and brkerage services frm any prfessinal surce t implement ur recmmendatins. Yu retain abslute discretin ver all implementatin decisins. Spuses will be given equal access t all infrmatin prvided t us and all recmmendatins ffered by us unless explicitly stated therwise and cnfirmed in writing. Financial Planning Agreement Page 1

2 3. Assignment. Neither party may assign this Agreement withut the prir written cnsent f the ther party. 4. Cnfidentiality. Except as required by applicable law, rule r regulatin, r in rder t implement yur investment bjectives r perfrm the Planning Services cntemplated by this Agreement, bth parties agree t treat infrmatin prvided in cnnectin with this Agreement as cnfidential. 5. Receipt f Disclsures. Client acknwledges receipt f Part II f Frm ADV; a disclsure statement cntaining the equivalent infrmatin; r a disclsure statement cntaining at least the infrmatin required by Part 2A Appendix 1 f Frm ADV, if the client is entering int a wrap fee prgram spnsred by the investment adviser. If the apprpriate disclsure statement was nt delivered t the client at least 48 hurs prir t the client entering int any written r ral advisry cntract with this investment adviser, then the client has the right t terminate the cntract withut penalty within five business days after entering int the cntract. Fr the purpses f this prvisin, a cntract is cnsidered entered int when all parties t the cntract have signed the cntract, r, in the case f an ral cntract, therwise signified their acceptance, any ther prvisins f this cntract ntwithstanding. 6. Client Cnflicts. If this Agreement is with mre than ne client, ur Planning Services shall be based upn the jint gals as cmmunicated t us by yu, cllectively. We shall be permitted t rely upn instructins and/r infrmatin we receive frm either party, unless and until such reliance is revked in writing t us. We shall nt be respnsible fr any claims r damages resulting frm such reliance r frm any change in the status f the relatinship between yu. 7. Arbitratin. Subject t the cnditins and exceptins nted belw and t the extent nt incnsistent with applicable law, in the event f any cntrversy, dispute r claim arising ut f r relating t this Agreement, bth parties agree t submit the dispute t arbitratin befre a single arbitratr in accrdance with the Cmmercial Rules f the American Arbitratin Assciatin then in effect. The prevailing party shall be entitled t reasnable attrneys fees, csts, and expenses. Yu understand that this agreement t arbitrate des nt cnstitute a waiver f yur right t seek a judicial frum where such waiver wuld be vid under federal r applicable state securities laws. 8. Death r Disability. If yu are a natural persn, yur death, incapacity, disability r incmpetence will nt terminate r change the terms f this Agreement. Hwever, yur executr, guardian, attrney-in-fact r ther authrized representative may terminate this Agreement by giving us written ntice. 9. Client Representatins. Yu represent that yu have the full legal pwer and authrity t enter int this Agreement and that the terms f this Agreement d nt vilate any bligatin t which yu are bund, whether arising ut f cntract, peratin f law, r therwise. Yu maintain sle respnsibility t ntify us if there is any change in yur financial situatin r investment bjectives. 10. Nn-Exclusivity. Yu acknwledge that the Planning Services prvided t yu under this Agreement are nn-exclusive and will be ffered n a cntinuing basis t thers. 11. Entire Agreement. This Agreement and the Exhibits annexed heret, which Exhibits are incrprated herein by reference and made a part heref, cnstitute the entire Agreement between the parties and supersedes all understandings, agreements (ral and written), r representatins with respect t the subject matter heref. This Agreement may nly be amended, revised r mdified by written agreement between the parties. Each party acknwledges that n representatin, inducement r cnditin nt set frth herein has been made r relied upn by either party. N failure by us t exercise any right, pwer, r privilege that we may have under this Agreement shall perate as a waiver theref. Further, n waiver f any deviatin frm, r breach f, this Agreement by yu shall be deemed t be a waiver f any subsequent deviatin r breach. 12. Severability. If any prvisin f this Agreement is deemed t be invalid r unenfrceable r is prhibited by the laws f the state r jurisdictin where it is t be perfrmed, this Agreement shall be cnsidered divisible as t such prvisin and such prvisin shall be inperative in such state r jurisdictin. The remaining prvisins f this Agreement shall be valid and binding and f full frce and effect as thugh such prvisin was nt included. 13. Terminatin. Yu shall have five (5) business days frm the date f executin f this Agreement t terminate ur Planning Services withut penalty. This Agreement will cntinue in effect frm the date set frth abve and may be terminated at any time upn receipt f written ntice t terminate by either party t the ther, which written ntice must be manually signed by the terminating party. Terminatin f this Agreement will nt affect (a) the validity f any actin previusly taken by us under this Agreement; (b) liabilities r bligatins f the Financial Planning Agreement Page 2

3 parties frm transactins initiated befre terminatin f this Agreement; r (c) yur bligatin t pay us fees that have already been earned under this Agreement. Upn the terminatin f this Agreement, we will nt have any cntinuing bligatin t take any actin. If yu terminate ur Services, the balance (if any) f ur unearned fees shall be refunded t yu and the balance (if any) f ur earned fees shall be charged t yu. 14. Ntices. Any ntice r crrespndence required in cnnectin with this Agreement will be deemed effective upn receipt if delivered t either party at their address listed abve unless (a) either party has ntified the ther party f anther address in writing r (b) yu have cnsented in writing t receive such ntice, crrespndence, r ther cmmunicatin frm us by electrnic delivery (e.g., ). All f yur directins t us (including ntices, instructins, and directins relating t changes in yur investment bjectives) shall be in writing. We shall be prtected in relying upn any such directin, ntice, r instructin until we have been advised in writing f changes therein. 15. Gverning Law, Venue, and Jurisdictin. T the extent nt incnsistent with federal law, this Agreement and any dispute, disagreement, r issue f cnstructin r interpretatin arising hereunder whether relating t its executin, its validity, the bligatins prvided herein r perfrmance shall be gverned r interpreted accrding t the laws f the State f Texas withut regard t chice f law cnsideratins except fr the Sectin entitled Arbitratin, which shall be gverned by the Federal Arbitratin Act. Any actin, suit r prceeding arising ut f, under r in cnnectin with this Agreement seeking an injunctin r nt therwise submitted t arbitratin pursuant t this Agreement shall be brught and determined in the apprpriate federal r state curt in the State f Texas and in n ther frum. The parties hereby irrevcably and uncnditinally submit t the persnal jurisdictin f such curts and agree t take any and all future actin necessary t submit t the jurisdictin f such curts in any such suit, actin r prceeding arising ut f r relating t this Agreement. 16. Cunterparts. This Agreement may be executed in ne r mre cunterparts, each f which shall be deemed an riginal but all f which tgether shall cnstitute ne and the same instrument. The executin f this Agreement may be by actual r facsimile signature. 17. Sectin r Paragraph Headings. Sectin headings herein have been inserted fr reference nly and shall nt be deemed t limit r therwise affect, in any matter, r be deemed t interpret in whle r in part any f the terms r prvisins f this Agreement. By each party executing this Agreement they acknwledge and accept their respective rights, duties, and respnsibilities hereunder. This Agreement is nly effective upn ur executin belw. THIS CONTRACT CONTAINS A BINDING ARBITRATION PROVISION THAT MAY BE ENFORCED BY THE PARTIES. Client Name & Date Client Name & Date NEW DIMENSIONS WEALTH MANAGEMENT, L.L.C. R. Lance Alstn, President Date Financial Planning Agreement Page 3

4 Exhibit A Descriptin f Services and Fees We shall prvide the fllwing Planning Services fr yu (as indicated belw) in accrdance with the attached Financial Planning Agreement. Financial plans are priced accrding t the degree f cmplexity assciated with the client s financial situatin. Plan prices typically range between $2,000 - $3,000, althugh cmplex financial plans may exceed this range. A signed Financial Planning Agreement, alng with a dwn payment f $500, is required t engage the financial planning services f New Dimensins. The remaining financial planning fee is due when the client is satisfied with the final plan presented. Cmprehensive Financial Planning Financial Planning Services may include a review f all aspects f client s current financial situatin, including, but nt limited t the fllwing cmpnents: retirement planning, educatin planning, cash management, risk management, insurance, gal setting, estate and charitable giving planning, tax planning, stck ptin analysis and capital needs planning. Limited Financial Planning (select areas) Financial Planning Services will fcus n certain cmpnents. Clients understand that when we are engaged t address nly certain cmpnents, the client s verall financial and investment issues may nt be taken int cnsideratin. Retirement Planning Educatin Planning Cash Management Risk Management Insurance Gal Setting Estate and Charitable Giving Planning Tax Planning Stck Optin analysis Capital Needs Planning Other (describe belw) Our fixed fee fr the services as described abve shall be based n the attached fee schedule. (Exhibit B) An initial payment f $500 shall be due and payable upn the signing f this Agreement and the balance shall be due and payable upn presentatin f yur financial plan. Please make check payable t: NEW DIMENSIONS WEALTH MANAGEMENT, L.L.C.

5 Exhibit B Fee Schedule NEW DIMENSIONS WEALTH MANAGEMENT, LLC FINANCIAL PLANNING FEE SCHEDULE Net Wrth excluding primary hme equity Adjusted Grss Incme (less than r equal) $0 t $500,000 $500,000 t $1,000,000 $1,000,000 t $1,500,000 $1,500,000 t $2,000,000 Over $2,000,000 $50,000 $2,000 $2,250 $2,500 $2,750 $3,000 $100,000 $2,250 $2,500 $2,750 $3,000 $3,250 $200,000 $2,500 $2,750 $3,000 $3,250 $3,500 $300,000 $2,750 $3,000 $3,250 $3,500 $3,750 $400,000 $3,000 $3,250 $3,500 $3,750 $4,000 Plans utside the range will be priced individually * Please let us knw if yur Adjusted Grss Incme was unusually high r lw in the previus year. We can discuss a reasnable estimate fr yur plan fee calculatin.