All information and advice furnished by either party to the other, including their respective agents and employees, shall be treated as confidential and shall not be disclosed to third parties, except as required by law or necessary to carry out designated powers or as granted by you.
Financial plans are based on your financial situation at the time we present the plan to you. You are free at all times to accept or reject any recommendation from us; and you acknowledge that, except as otherwise provided in a separate agreement for services, you have the sole authority with regard to the implementation, acceptance, or rejection of any recommendation or advice we may provide. Should you choose to act on any of our recommendations, you are not obligated to implement the financial plan through any of our other investment advisory services.
Client Responsibilities. You agree to provide us, on a timely basis, with information and/or documentation we may request in furtherance of this Agreement as it pertains to your income and expenses, investments, taxes, estate plan, objectives, needs and goals. This list is not all-inclusive and any other relevant information that is known to you, or requested by us, should be disclosed to us promptly. You also agree to discuss your needs, goals, and projected future needs candidly with us and to keep us informed, in writing, of changes in your financial situation, needs, and goals. You acknowledge that we cannot adequately perform services for you unless you diligently perform your responsibilities under this Agreement and that our analysis and recommendations are based on the information provided by you. We shall not be required to verify any information obtained from you, your attorney, accountant, agents, or other professionals, and is expressly authorized to rely thereon. You agree to authorize all such professionals to provide us with information we may need.
Adviser Liability. Except as otherwise provided by law, we shall not be liable for any action, omission, investment recommendation/decision, or loss in connection with the good-faith performance of this Agreement including, but not limited to: the implementation of the advice provided hereunder, and the acts and/or omissions of other professionals or third-party service providers recommended to you by us. Federal and state securities laws may impose liabilities under certain circumstances on persons who act in good faith, and by entering this Agreement you are not waiving or limiting your rights under those laws.
Fee Schedule. We do not receive a referral fee from any other professionals to whom you may be referred. Our compensation shall not be based on a share of any capital gains upon or capital appreciation of your funds or any portion of your funds. The fees charged by us are solely for financial planning services and do not include any commissions that might be generated upon implementation of any securities or insurance recommendations.
Depending upon the complexity of the situation and the needs of the client, the rate for creating client financial plans is between $500 and $5,000. Fixed fees are negotiable. Fixed fees can be one-time or recurring annually. They are either payable and due in-arrears, after the services are provided to you, or up to one-half of the fixed fee can be charged upon engagement with the remainder being payable and due upon full delivery of financial planning services.
Depending upon the complexity of the situation and the needs of the client, the hourly fee for these services is between $50 and $400. Hourly fees are negotiable. Hourly fees are payable and due in-arrears, after the services are provided to you. An estimate of the total time/cost will be determined at the start of the advisory relationship. In limited circumstances, the cost/time could potentially exceed the initial estimate. In such cases, we will notify you and request that you approve the additional fee.
b) Other Expenses. Our fees do not include custodial fees or transaction costs charged by your custodian and/or broker-dealer that may be incurred in implementing the financial planning recommendations. Some assets in which you may invest charge their own fees and other expenses as set forth in their prospectuses.