This agreement ("Agreement" sets forth the terms and conditions of the financial planning services which Accumulation Strategies, a registered investment adviser, will provide to __________________________ ("Client") who resides at __________________________________. In consideration of the mutual promises contained in this Agreement, the parties understand and agree as follows:

1. Scope and Nature of Services. Accumulation Strategies, through its investment advisor ("IA"), will provide financial planning and investment advisory services to Client. For the purposes of this Agreement there are three classes of service. Client shall select the class of service by checking the appropriate box below. The nature and scope of each class are:

• Comprehensive Financial Planning: After a thorough review of all pertinent Client data and objectives and mutually agreed upon assumptions, the IA will analyze the clients financial situation including, but not limited to: net worth (assets and liabilities), corporate benefits, cash flow (current and projected), retirement structuring, risk management, investment portfolio, specific financial needs as determined by Client, and tax and estate planning considerations.

• Limited Financial Planning: The IA will review all pertinent Client data and objectives and mutually agreed upon assumptions and will prepare an analysis limited to the topics selected by Client and checked below. The IA will provide client with written report(s) of all relevant analyses and recommendations to assist client in meeting his or her stated objectives. In the event client wishes to engage the IA to provide additional services, Client and the IA will establish mutually agreed upon terms for the continuation of services.

• Hourly financial consultation: The IA will review all pertinent Client data and objectives and mutually agreed upon assumptions and will provide consultative services on an hourly basis in one or more of the indicated areas selected by Client and checked below:

1. Responsibilities of Client. Client agrees to provide, on a timely basis, the IA with any and all pertinent information, regarding Client’s financial situation in order that the IA may analyze the clients financial situation and make recommendations in accordance with the terms of the agreement. Accumulation Strategies will provide Client with a financial information worksheet to assist Client in providing the IA with any and all pertinent information. Client also agrees to keep the IA informed of any changes to his or her personal or financial situation, or originally stated goals or objectives, that could alter the planning recommendations of the IA. Accumulation Strategies shall not be responsible for modifying any report or recommendation provided to Client in connection with any change in the circumstances and/or objectives of Client unless notified in writing of such change by Client.

 

Client agrees that Client alone shall make and be fully responsible for all decisions relating to the implementation of any recommendation, suggestion or advice provided by the IA. Client expressly agrees that Accumulation Strategies, its directors, employees, and agents shall not be held liable in any manner or respect with reference to the investment performance, expressed or implied, of any recommendation or suggestion made by the Report or Accumulation Strategies’ IA, provided that these recommendations or suggestions are made by Accumulation Strategies and its IA in good faith and with reasonable care in light of Clients’ stated circumstances and objectives and the agreed upon assumptions. Nothing herein shall constitute a waiver or limitation of any rights which client may have under federal or state securities laws.

 

2. Confidentiality. Accumulation Strategies agrees that any and all information submitted in accordance with the above paragraph shall be treated on a strictly confidential basis and will not be disclosed to anyone, except Accumulation Strategies’ agents and employees or to others as Client and Accumulation Strategies may agree in writing or as may be required by law.

 

3. Legal and Accounting. Client understands and agrees that Accumulation Strategies and its IA, agents, and employees are not authorized or qualified to give legal, tax or accounting advice, and Client will retain his or her own attorney, tax adviser, or accountant regarding these matters.

 

4. Implementation. At client’s discretion, client may implement or disregard, in whole or in part, any recommendation, suggestion or advice contained in the Report or made by the IA. If client wishes to implement any recommendation, suggestion or advice contained in the Report or made by the IA, Client may select any brokerage firm, private investment firm, insurance agency, broker, or carrier, bank or any other financial service institution to implement Client’s decisions. Accumulation Strategies and Client agree that Client may make the Report available to any legal, tax or other adviser employed or retained by Client solely to assist in the implementation of any recommendation, suggestion or advice provided by the Report or Accumulation Strategies’ IA. Client understands and agrees that Client and Client’s legal, tax or other adviser will use the Report only for Client’s own personal situation, and if not so used, Accumulation Strategies will not be responsible for any such use.

 

5. Custody and Possession of Client’s Assets. Accumulation Strategies and its IA, employees and agents are not authorized to and will not take custody or possession of any cash, securities, or assets belonging to Client.

 

6. Conflicts of Interest. Client understands that the investment advisors of Accumulation Strategies sell securities and insurance products in their separate capacities as registered representatives and/or independent insurance agents for clients other than those participating under Accumulation Strategies program. When the investment advisors implement securities and/or insurance transactions in these separate capacities they may earn sales commissions. This could present a potential conflict of interest since the IA could earn fees and commissions. If the client wishes to implement the advice of Accumulation Strategies through the IA’s in their separate capacities as registered representatives, their broker/dealer Securities America, Inc. will be used. Clients are free to select any broker or insurance agent that they wish to implement the advice of Accumulation Strategies and are under no obligation to use the IA’s of Accumulation Strategies to implement transactions.

 

Client recognizes that Accumulation Strategies and its employees and agents may recommend, suggest, or take action in the performance of their duty to such other clients (including those who may also be participating in the Accumulation Strategies program) which may differ from recommendations, suggestion or advice given, or in the timing and nature of action taken with respect to Client. Nothing in this Agreement shall be deemed to impose on Accumulation Strategies any obligation to recommend or suggest for purchase or sale any securities, or other investments, or insurance products or coverage to Client, which Accumulation Strategies may purchase or sell, or recommend for purchase or sale, for its or their own account, or for the account of any other client

 

Neither Securities America, Inc. (SAI) nor it affiliate, Securities America Advisors, Inc. (SAA) are in any way affiliated with Accumulation Strategies as an investment advisor, and any advice or action taken pursuant to this agreement is strictly the responsibility of Accumulation Strategies and not the responsibility or obligation of SAI or SAA. However, Ronnie Kahn, Registered Investment Advisor of Accumulation Strategies, is also a registered representative of SAI. SAI is responsible for supervising this registered representative when acting in this capacity.

 

7. Fees. In consideration of the services provided by Accumulation Strategies and the IA, Client shall pay to Accumulation Strategies the amount set forth on Schedule A, payable as follows:

• 50 % due and payable upon signing of the Agreement, the balance of which will be due and payable upon deliver of the Report by the IA

1. Termination. Prior to the delivery of the Report to Client, this Agreement may be terminated upon written notice by either party to the other:

1. If either Client or Accumulation Strategies terminates this Agreement with five business days of its effective date, Accumulation Strategies will refund to Client the fee paid to Accumulation Strategies.

 

2. If this agreement is terminated after five business days of its effective date, Accumulation Strategies will be entitled to compensation for time expended on preparation of the Report or consultation time and any excess will be refunded to Client.

 

3. If at any time the Client is unsatisfied with the services provided, the client may obtain a full refund of any fees paid in advance.

 

4. Upon termination, Accumulation Strategies shall be under no obligation to provide to Client the Report. Accumulation Strategies may, at its discretion, mail a Report to Client without any further obligation. This Agreement will terminate (and no refund will be due) upon delivery of the Report to Client.

1. Non-Assignability. Neither Accumulation Strategies nor Client may assign this Agreement without prior written consent of the other party.

 

2. Arbitration. Client and Accumulation Strategies agree, that except as is inconsistent with the foregoing sentence, all controversies which may arise between us concerning any transaction or the construction, performance or breach of this or any agreement between us, whether entered prior, on, or subsequent to the date hereof, shall be determined by arbitration.

 

Any dispute or claim shall be settled with either the National Association of Securities Dealers, Inc. (NASD) or with the Code of Commercial Arbitration of the American Arbitration Association (AAA) in accordance with its rules. The NASD forum is only available if the NASD deems the matter is eligible for submission. If it is not eligible, then the forum would default to the AAA. Selection of the NASD to arbitrate investment advisory disputes is not intended to imply that the NASD supervises investment advisory activities. If Client fails to make such an election, by registered letter or telegram addressed to Accumulation Strategies at the address provided in "Notices" clause below, before the expiration of five days after receipt of a written request from Accumulation Strategies to make such election, then Accumulation Strategies may make such election. The award of the arbitrators, or of the majority of them, shall be final, and judgment upon the award rendered may be entered in any court, state or federal, having jurisdiction.

 

3. Governing Law. This Agreement is made and shall be construed under the laws of the State of California, provided that nothing herein shall be construed in any manner inconsistent with the Investment Advisers Act of 1940, as amended, or any rule, regulation or order of the Securities and Exchange Commission promulgated thereunder.

 

4. Entire Agreement. This Agreement represents the entire Agreement between the parties and may not be modified or amended except by a writing signed by both parties.

 

5. Severability. If any provision of this Agreement shall be held or made invalid by a statute, rule, regulation, decision of a tribunal or otherwise, the remainder of this Agreement shall be deemed to be severable.

 

6. Notices. Any written notices or reports pursuant to this Agreement will be delivered or mailed postage pre-paid to Accumulation Strategies, at 5855 Topanga Canyon Blvd., Suite 420, Woodland Hills, CA 91367, or at any other address that Accumulation Strategies may hereafter designate by written notice to Client; and, if to client, delivered or mailed postage pre-paid to Client’s last known address as specified above, or any other address Client may hereafter designate by written notice to Accumulation Strategies. The effective date of such notice shall be the date the notice is received by the receiving party.

 

7. Acknowledgment. Client acknowledges receipt of Part II of Accumulation Strategies Form ADV, which gives information about Accumulation Strategies’ services and fees.

 

 

 

8. Miscellaneous.

1. Accumulation Strategies represents that it is registered as an investment adviser under the Investment Advisers Act of 1940, as amended;

 

2. For the purposes of this Agreement, the date of this Agreement shall be the date of acceptance by Accumulation Strategies;

 

3. As used herein, any reference to the singular shall, as and if appropriate, include the plural;

 

4. All paragraph headings in this Agreement are for the convenience of reference only, do not form part of this Agreement, and shall not affect in any way the meaning or interpretation of this Agreement; and

 

5. This Agreement may be executed in several counterparts, each of which shall be deemed an original. The undersigned has carefully read this entire document and the undersigned agrees to all the terms and conditions herein, and acknowledges receipt of a copy of this contract.

• Comprehensive Financial Planning: $__________

• Limited Financial Planning: $__________

• Hourly financial consultation: At the rate of $___135____ per hour.

Fees for financial plans are based on the complexity of the work to be performed. Often, the complexity of the issues are a function of the client’s assets and/or income and should also take into account the client’s unique circumstances. Fees are negotiable and can range from $250 to $6,000 for limited planning and range from $250 to $12,000 for comprehensive planning.

• Fees may be based upon income or assets, whichever is greater.