This Agreement is entered into the date of payment by the investment adviser, Sickle Hunter Financial Advisors, Inc., (hereinafter referred to as “Adviser”, “Our firm”, “We” or “Us”), through its advisory representative (“Planner”) and (“Client”). In consideration of the mutual benefits to be derived from this Agreement, it is understood and agreed as follows:
1. FINANCIAL PLANNING
We provide a variety of financial planning and consultation services to individuals, families and other clients regarding the management of their financial resources based upon an analysis of the client’s current situation, goals, and objectives. Generally, such financial planning and consulting services will involve preparing financial recommendations for clients based on the client’s financial goals and objectives. This planning may encompass one or more of the following areas: Investment Planning, Retirement Planning, Estate Planning, Charitable Planning, Education Planning, Corporate and Personal Tax Planning, Corporate Structure, Real Estate Analysis, Mortgage/Debt Analysis, Insurance Analysis, Lines of Credit Evaluation, Business and Personal Financial Planning.
Our financial planning services rendered to the clients usually include general recommendations for a course of activity or specific actions to be taken by the client. For example, recommendations may be made that the client(s) begin or revise investment programs,, obtain or revise insurance coverage, commence or alter retirement savings, build an emergency fund or establish an education savings account. It should also be noted that we may refer clients to an accountant, attorney, or other specialists as necessary.
Assets held outside of our management that are eligible for rollover to our management are not included in our financial planning services.
Our financial planning engagement includes:
30 Minute Getting Started: Client Portal & Organizer Setup
30 Minute Goal Setting and getting organized
60 Minute recommendation and action session
60 Minute review session after 6 months (optional)
60 Minute planning year-end session (optional)
Two 30-minute Client Quick Chat calls included to tackle any financial planning related questions.
5 hours analysis, research and back office support included
Additional charges based on time spent including but not limited to meetings, phone calls, emails, analysis, research, and back office support are billed at our hourly rate.
Financial Planning recommendations and advice are based on the information, documents provided, and communication to us by the client(s). Implementation of the recommendations will be at the discretion of the client. Meetings do not roll over from year to year. Year two and beyond only includes a 60 minute review session after 6 months, 60 minute planning year-end session, two 30 minute client quick chat calls and 5 hours of analysis, research and back office support.
When we provide investment advice to you regarding your retirement plan account or individual retirement account, we are fiduciaries within the meaning of Title I of the Employee Retirement Income Security Act and/or the Internal Revenue Code, as applicable, which are laws governing retirement accounts. The way we make money creates some conflicts with your interests, so we operate under a special rule that requires us to act in your best interest and not put our interests ahead of yours.
Under this special rule’s provisions, we must: Meet a professional standard of care when making investment recommendations (give prudent advice); Never put our financial interests ahead of yours when making recommendations (give loyal advice); Avoid misleading statements about conflicts of interest, fees, and investments; Follow policies and procedures designed to ensure that we give advice that is in your best interest; Charge no more than is reasonable for our services; and
Give you basic information about conflicts of interest.
2. CLIENT’S RESPONSIBILITIES:
The Client recognizes that the value and usefulness of our firm’s financial planning services will be dependent upon the information that the Client provides and the Client’s active participation in the formulation and implementation of the financial planning objectives. The Client may be required to complete a questionnaire to assist us in formulating the Client’s financial planning objectives. Copies of certain Client documents may be requested by our firm to assist us in conducting a more complete evaluation of the Client’s financial planning objectives and to prepare a financial plan. We may reasonably request certain of the following documents in order to permit a complete financial evaluation: insurance policies, wills, tax returns, and other documents depending upon the Client’s circumstances. The client is responsible for updating changes in their financial life in order to keep current on future recommendations.
3. FEES:
We charge an annual flat fee billed monthly for our financial planning services.
FINANCIAL PLANNING – FIXED FEE BASIS
$149 charged monthly ongoing with a minimum of an annual commitment.
Additional charges at a rate of $100 per hour are based on time spent including but not limited to meetings, phone calls, emails, analysis, research, and back office support. The additional billing will be invoiced and charged monthly via the payment method on file.
The credit/debit card provided will be charged per the agreement. In the event, the credit/debit card transaction does not process the client agrees to update payment information within 5 business days.
FINANCIAL PLANNING - HOURLY FEES
Hourly planning is available as a stand-alone service at $100 per hour invoiced and billed monthly. Hourly charges are based on time spent including but not limited to meetings, phone calls, emails, analysis, research, and back office support.
4. IMPLEMENTATION:
The Client understands that the Planner may recommend that clients execute their financial plans through a broker-dealer, though the Client is free to implement their plan through broker-dealers or insurance companies of their choice. It should be noted that Planner may be an insurance agent and/or broker for which he may receive commissions for insurance product sales. The Planner does not possess or exercise any discretion with respect to Client transactions. Financial planning clients do not receive reviews of their written plans unless they take action to schedule a financial consultation with us. We do not provide ongoing services to financial planning clients, but are willing to meet with such clients upon their request to discuss updates to their plans, changes in their circumstances, etc.
5. LEGAL AND ACCOUNTING SERVICES:
It is expressly understood and agreed between the parties of this Agreement that our firm will not provide accounting or legal advice nor prepare any accounting or legal documents for the implementation of the Client’s financial planning objectives. The Client is urged to work closely with his/her attorney and/or accountant in implementing recommendations set forth in the financial plan.
6. TERMINATION:
Either party may terminate this Agreement upon 60 days written notice without cause by either the client, Company or Advisor. Past due amounts must be made current prior to terminating this agreement by the client. Payments will terminate at the end of the agreed period of 1 year or 60 days from date of written notice, whichever is longer. A termination initiated by the Company or Advisor will terminate future payments immediately. Financial planning services will continue after the one year minimum commitment unless cancelled in writing by either party. Client(s) may terminate the Agreement within five (5) business days from the date of this agreement without obligation for an annual commitment.
All payments are final and no refunds are provided. Uncollected fees and past due amounts may be deducted from any account held under our management or charged to payment methods provided at any time.
7. CONFIDENTIALITY:
Advisor will keep Client information confidential and will not use or disclose it to others without Client's prior written consent except as described in Advisor privacy policy. Client(s) will keep financial planning strategies, information and all materials related to the financial planning engagement confidential and will not use or disclose it to others without CEOs written consent.
8. SEVERABILITY/INDEMNIFICATION:
If any provision of this Agreement shall be held or made invalid by a court decision, statute or rule, or shall be otherwise rendered invalid, the remainder of this Agreement shall not be affected thereby.
9. ARBITRATION:
This agreement contains a provision, which requires that all claims arising out of transactions or activities affecting the provision of services by our firm to the Client (collectively referred to as “the parties”) be resolved through arbitration in Hillsborough County, Florida. The parties acknowledge, understand and agree that:
(i) Arbitration is final and binding on the parties.
(ii) The parties are waiving their right to seek remedies in court, including the right to jury trial.
(iii) Pre-arbitration discovery is generally more limited than and potentially different in form and scope from court proceedings.
(iv) The Arbitration Award is not required to include factual findings or legal reasoning and any party's right to appeal or to seek modification of a ruling by the arbitrators is strictly limited.
(v) The panel of arbitrators will typically include a minority of arbitrators who were or are affiliated with the securities industry.
To the extent permitted by law, all controversies which may arise between the parties or any of their affiliated companies concerning any transaction arising out of or relating to this agreement, or the construction, performance, or breach of this or any other agreement between us whether entered into prior to, on or subsequent to the date hereto, shall be submitted to arbitration conducted under the Rules of the American Arbitration Association.
Arbitration must be commenced by service upon the other party, of a written demand for arbitration or a written notice of intention to arbitrate. Judgment upon any award rendered by the arbitrator(s) shall be final, and may be entered in any court having jurisdiction. Any arbitration proceeding pursuant to this Agreement shall be determined pursuant to the laws of the State of Florida. This Agreement supersedes any and all preexisting agreements and/or understandings. No person shall bring a putative or certified class action to arbitration, nor seek to enforce any pre-dispute arbitration agreement against any person who has initiated in court a putative class action; or is a member of a putative class who has not opted out of the class with respect to any claims encompassed by the putative class action until: (i) the class certification is denied; or (ii) the class is decertified; or (iii) the customer is excluded from the class by the court. Such forbearance to enforce an agreement to arbitrate shall not constitute a waiver of any rights under this agreement except to the extent stated herein.
The parties hereby submit to the in personam jurisdiction of the courts of the State of Florida and the local courts located therein (and expressly waive any defense to personal jurisdiction of the Client by such courts) for the purpose of confirming, vacating or modifying any such award or judgment entered thereon. To the extent any controversy as above described is to be resolved in a court action, the parties expressly agree that such action shall be brought only in State or Federal courts in Florida and service of process in such action shall be sufficient if served on the parties by certified mail, return receipt requested, at the parties last address known to the other party. In this connection the parties expressly waive any defense(s) to personal jurisdiction of the parties by such court; to service of process as set forth above; to venue; and in addition, expressly agree that Florida is a convenient forum for any such action.
Nothing herein shall be enforceable to the extent that you waive any of your rights under state or federal securities laws.
10. ASSIGNMENT:
This Agreement may not be assigned (in accordance with relevant state statutes and rules) by either you or our firm without the prior consent of the other party. You acknowledge and agree that transactions that do not result in a change of actual control or management of our firm shall not be considered an assignment pursuant to relevant state statutes and rules.
11. GOVERNING LAW:
All financial planning/consulting services shall be in compliance with the relevant state statutes and rules regulating the services provided by this Agreement.
12. PROXIES:
You acknowledge that our firm may at its own discretion vote on proxies.
13. ACKNOWLEDGEMENT:
Client acknowledges receipt of Part 2 of Form ADV; at or before the time of signing this agreement in accordance with relevant state statutes and rules. You further acknowledge and consent that our firm may send any of its notices including our ADV Part 2 and Privacy Policy to your email address last provided by you.
Email Address Certification. You certify that the email address you provided above is a functioning email address; owned and maintained by you or your agent on your behalf, and that all electronic communications of reports sent to the Email Address shall be accessible by you. You agree to notify us in writing, of any change in the Email Address.
Hold Harmless. You agree to indemnify and hold us harmless in the event of non-delivered electronic reports as a result of your failure to promptly provide an email address change in writing.
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