i-AM ADVISORY AGREEMENT
This i-AM Advisory Agreement (the “Agreement”) is between the undersigned party (herein referred to as the “Client”) and Collaborative Financial Partners LLC, a registered investment advisor, whose mailing address is 2875 West Dublin Granville Road, Columbus, OH 43235 (herein referred to as the “Advisor”). The Advisor shall provide the Client with investment advisory services via Charles Schwab & Co., Inc.’s Institutional Intelligent Portfolios™ account (the “Account[s]”). This Agreement becomes effective on the date in which the Advisor receives the signed Agreement from the Client and remains in effect until terminated by either party. The terms and conditions of this Agreement are as follows:
1. Advisor Authority and Responsibilities. The Advisor shall have the power and authority to supervise and direct on a discretionary basis, the investments of and for the Account[s] of the Client, including the purchase and sale of any securities and instruments and any other transaction therein and, unless specifically directed otherwise in writing by the Client. The transactions in the Account[s] shall be made in accordance with the objectives of the Client as communicated to the Advisor.
Discretionary Authority – The Client grants the Advisor ongoing and continuous discretionary authority to execute its investment recommendations in accordance with the objectives of the Client as communicated to the Advisor, without the Client's prior approval of each specific transaction. Under this authority, the Client shall allow the Advisor to purchase and sell securities and instruments in this Account[s], arrange for delivery and payment in connection with the foregoing, select and retain sub-advisors, and act on behalf of the Client in all matters necessary or incidental to the handling of the Account[s], including monitoring certain assets. The Advisor is not authorized to receive and vote proxies on issues held in the Account[s] and receive annual reports. All transactions in the Account[s] shall be made in accordance with the directions and preferences provided to the Advisor by the Client. The Client will execute instructions regarding the Advisor's trading authority as required by Charles Schwab & Co., Inc.
2. Client Authority and Responsibilities. The Client represents and confirms that the Advisor’s engagement, pursuant to this Agreement, is authorized by the governing documents relating to the Client and that the terms of this Agreement do not violate any obligations by which the Client is bound. The Client agrees to deliver to the Advisor all account forms and corporate resolutions or similar documentation evidencing the undersigned’s authority to execute and deliver this Agreement. The Client also agrees to deliver such documents and other documents, including the written statement of the Client investment objectives, policies and restrictions, as the Advisor shall reasonably require. The Client further agrees to promptly deliver all amendments or supplements to the foregoing documents to ensure that the Advisor has current and accurate information regarding the Client’s financial condition, needs and investment objectives. The Client agrees that the Advisor will not be liable for any losses, costs or claims suffered or arising out of the Client’s failure to provide the Advisor with any documents required to be furnished hereunder. The Client warrants and represents that it owns all property deposited in the Account[s] and that no restrictions on disposition exist as to any such property. The Client understands that the Advisor, in the performance of its obligations and duties under the Agreement, is entitled to rely upon the accuracy of information furnished by the Client or on its behalf, without further investigation. The Client shall be responsible for all decisions concerning the voting of proxies for securities held in Client accounts. The Advisor will assist in answering questions relating to proxies, however, the Client retains the sole responsibility for proxy decisions and voting.
3. Expenses and Fees. The Client will pay the Advisor a monthly investment advisory fee based on an annual rate of 0.75%. Investment advisory fees are payable in arrears of each month, based on the average daily balance of portfolio assets under management in the Account. The investment advisory fees in the first month of the Agreement shall be prorated from the inception date to the end of the first month.
Fees are calculated based average daily balance of the Client’s account as provided by the Client’s designated Custodian (as noted in Item 4.). Investment advisory fees will be automatically deducted from the Client Account by the Custodian. Clients will receive independent statements from the Custodian no less frequently than quarterly. The Advisor shall not be compensated on the basis of a share of capital gains realized upon the sale of securities or capital appreciation of the funds in which the Client is invested.
4. Custody and Brokerage Transactions. The Client has appointed Charles Schwab & Co., Inc. (the “Custodian”) to take and have possession of the assets of the Account. At no time will the Advisor accept, maintain possession of or have custodial responsibility for the Client’s funds or securities. The Advisor will direct and place all orders for the execution of transactions with or through the Custodian, under the Client’s independent, exclusive agreement with the Custodian. The Client acknowledges that directing the brokerage activities solely to the Custodian may result in the loss of best execution of orders at the most favorable prices reasonably obtainable. The terms of the custody/brokerage account, which contains the assets to which this Agreement pertains, shall be determined solely by and between the Client and the Custodian. The Advisor shall not be liable to the Client for any act, conduct or omission by the Custodian. The Advisor shall not be responsible for ensuring the Custodian’s compliance with the terms of the
Collaborative Financial– IA Agreement (ver. Apr-19) Page 2 brokerage account. The Client acknowledges that the Custodian electronic access to the Advisor for all trades in the brokerage account(s). The Advisor is authorized and empowered to issue instructions to the Custodian and to request information about the brokerage account from the Custodian.
5. Liability. The Client recognizes that investment recommendations made by the Advisor are opinions only and that the Advisor cannot guarantee any level of performance. All investments have a potential risk of loss that Client’s must understand and be willing to bear before implementing any recommendations from the Advisor. It is further understood that neither the Advisor nor any of its employees are qualified to render legal services or prepare legal documents. Federal and state securities laws impose liabilities under certain circumstances on persons who act in good faith. Therefore, this agreement does not constitute a waiver of any Client’s legal rights under common law or federal and state securities laws.
6. Termination and Cancellation. Neither the Client nor the Advisor may assign, convey or otherwise transfer any of their rights, obligations or interests under this Agreement without the prior consent of the other party. This Agreement may be terminated, at any time, by either party, by written notice to the other party. In addition, the Client may terminate within five (5) business days of signing this Agreement at no cost to the Client. After the five-day period, the Client will incur charges for bona fide advisory services rendered to the point of termination and such fees will be due and payable by the Client.
7. Governing Law Disputes. To the extent federal law does not apply to this Agreement, it shall be construed in accordance with the laws of the State of Ohio.
8. Disclosures. The Advisor represents it is registered as an investment advisor, or exempt from such registration with the necessary securities commission[s] in accordance with applicable securities law[s]. The Client acknowledges receipt of the Advisor’s Form ADV 2A (“Disclosure Brochure”), Form ADV2A - Appendix 1 (“Wrap Fee Brochure”) and Form ADV2B (“Brochure Supplement[s]”), which contain information regarding the Advisor’s services, fees, business practices and the background of its advisory person[s].
9. Privacy. The Client has received and reviewed a copy of the Advisor’s Privacy Policy. Except as otherwise agreed in writing or as required by law, the Advisor will keep confidential all information concerning the Client’s identity, financial affairs, and investments; provided, however, that the Client authorizes the Advisor to contact the Client’s accountants, attorneys and other consultants as deemed necessary by the Advisor.
This i-AM Advisory Agreement (the “Agreement”) is between the undersigned party (herein referred to as the “Client”) and Collaborative Financial Partners LLC, a registered investment advisor, whose mailing address is 2875 West Dublin Granville Road, Columbus, OH 43235 (herein referred to as the “Advisor”). The Advisor shall provide the Client with investment advisory services via Charles Schwab & Co., Inc.’s Institutional Intelligent Portfolios™ account (the “Account[s]”). This Agreement becomes effective on the date in which the Advisor receives the signed Agreement from the Client and remains in effect until terminated by either party. The terms and conditions of this Agreement are as follows:
1. Advisor Authority and Responsibilities. The Advisor shall have the power and authority to supervise and direct on a discretionary basis, the investments of and for the Account[s] of the Client, including the purchase and sale of any securities and instruments and any other transaction therein and, unless specifically directed otherwise in writing by the Client. The transactions in the Account[s] shall be made in accordance with the objectives of the Client as communicated to the Advisor.
Discretionary Authority – The Client grants the Advisor ongoing and continuous discretionary authority to execute its investment recommendations in accordance with the objectives of the Client as communicated to the Advisor, without the Client's prior approval of each specific transaction. Under this authority, the Client shall allow the Advisor to purchase and sell securities and instruments in this Account[s], arrange for delivery and payment in connection with the foregoing, select and retain sub-advisors, and act on behalf of the Client in all matters necessary or incidental to the handling of the Account[s], including monitoring certain assets. The Advisor is not authorized to receive and vote proxies on issues held in the Account[s] and receive annual reports. All transactions in the Account[s] shall be made in accordance with the directions and preferences provided to the Advisor by the Client. The Client will execute instructions regarding the Advisor's trading authority as required by Charles Schwab & Co., Inc.
2. Client Authority and Responsibilities. The Client represents and confirms that the Advisor’s engagement, pursuant to this Agreement, is authorized by the governing documents relating to the Client and that the terms of this Agreement do not violate any obligations by which the Client is bound. The Client agrees to deliver to the Advisor all account forms and corporate resolutions or similar documentation evidencing the undersigned’s authority to execute and deliver this Agreement. The Client also agrees to deliver such documents and other documents, including the written statement of the Client investment objectives, policies and restrictions, as the Advisor shall reasonably require. The Client further agrees to promptly deliver all amendments or supplements to the foregoing documents to ensure that the Advisor has current and accurate information regarding the Client’s financial condition, needs and investment objectives. The Client agrees that the Advisor will not be liable for any losses, costs or claims suffered or arising out of the Client’s failure to provide the Advisor with any documents required to be furnished hereunder. The Client warrants and represents that it owns all property deposited in the Account[s] and that no restrictions on disposition exist as to any such property. The Client understands that the Advisor, in the performance of its obligations and duties under the Agreement, is entitled to rely upon the accuracy of information furnished by the Client or on its behalf, without further investigation. The Client shall be responsible for all decisions concerning the voting of proxies for securities held in Client accounts. The Advisor will assist in answering questions relating to proxies, however, the Client retains the sole responsibility for proxy decisions and voting.
3. Expenses and Fees. The Client will pay the Advisor a monthly investment advisory fee based on an annual rate of 0.75%. Investment advisory fees are payable in arrears of each month, based on the average daily balance of portfolio assets under management in the Account. The investment advisory fees in the first month of the Agreement shall be prorated from the inception date to the end of the first month.
Fees are calculated based average daily balance of the Client’s account as provided by the Client’s designated Custodian (as noted in Item 4.). Investment advisory fees will be automatically deducted from the Client Account by the Custodian. Clients will receive independent statements from the Custodian no less frequently than quarterly. The Advisor shall not be compensated on the basis of a share of capital gains realized upon the sale of securities or capital appreciation of the funds in which the Client is invested.
4. Custody and Brokerage Transactions. The Client has appointed Charles Schwab & Co., Inc. (the “Custodian”) to take and have possession of the assets of the Account. At no time will the Advisor accept, maintain possession of or have custodial responsibility for the Client’s funds or securities. The Advisor will direct and place all orders for the execution of transactions with or through the Custodian, under the Client’s independent, exclusive agreement with the Custodian. The Client acknowledges that directing the brokerage activities solely to the Custodian may result in the loss of best execution of orders at the most favorable prices reasonably obtainable. The terms of the custody/brokerage account, which contains the assets to which this Agreement pertains, shall be determined solely by and between the Client and the Custodian. The Advisor shall not be liable to the Client for any act, conduct or omission by the Custodian. The Advisor shall not be responsible for ensuring the Custodian’s compliance with the terms of the
Collaborative Financial– IA Agreement (ver. Apr-19) Page 2 brokerage account. The Client acknowledges that the Custodian electronic access to the Advisor for all trades in the brokerage account(s). The Advisor is authorized and empowered to issue instructions to the Custodian and to request information about the brokerage account from the Custodian.
5. Liability. The Client recognizes that investment recommendations made by the Advisor are opinions only and that the Advisor cannot guarantee any level of performance. All investments have a potential risk of loss that Client’s must understand and be willing to bear before implementing any recommendations from the Advisor. It is further understood that neither the Advisor nor any of its employees are qualified to render legal services or prepare legal documents. Federal and state securities laws impose liabilities under certain circumstances on persons who act in good faith. Therefore, this agreement does not constitute a waiver of any Client’s legal rights under common law or federal and state securities laws.
6. Termination and Cancellation. Neither the Client nor the Advisor may assign, convey or otherwise transfer any of their rights, obligations or interests under this Agreement without the prior consent of the other party. This Agreement may be terminated, at any time, by either party, by written notice to the other party. In addition, the Client may terminate within five (5) business days of signing this Agreement at no cost to the Client. After the five-day period, the Client will incur charges for bona fide advisory services rendered to the point of termination and such fees will be due and payable by the Client.
7. Governing Law Disputes. To the extent federal law does not apply to this Agreement, it shall be construed in accordance with the laws of the State of Ohio.
8. Disclosures. The Advisor represents it is registered as an investment advisor, or exempt from such registration with the necessary securities commission[s] in accordance with applicable securities law[s]. The Client acknowledges receipt of the Advisor’s Form ADV 2A (“Disclosure Brochure”), Form ADV2A - Appendix 1 (“Wrap Fee Brochure”) and Form ADV2B (“Brochure Supplement[s]”), which contain information regarding the Advisor’s services, fees, business practices and the background of its advisory person[s].
9. Privacy. The Client has received and reviewed a copy of the Advisor’s Privacy Policy. Except as otherwise agreed in writing or as required by law, the Advisor will keep confidential all information concerning the Client’s identity, financial affairs, and investments; provided, however, that the Client authorizes the Advisor to contact the Client’s accountants, attorneys and other consultants as deemed necessary by the Advisor.
