Engagement Letter

FINANCIAL PLANNING AND CONSULTING AGREEMENT


AGREEMENT, made this  day of between the undersigned party, whose mailing address is  (hereinafter referred to as the “CLIENT”), and INVST, LLC, a registered investment adviser, whose principal mailing address is 3625 East 96th Street, Indianapolis, IN 46240 (hereinafter referred to as the “ADVISER”).

  1. Scope of Engagement.
    • The Client wishes to obtain advice about his/her financial ADVISER is in the business of providing financial planning advice which is comprehensive in nature to include overall wealth planning, investment advice/management, protection strategies, etc. to individuals and is willing to perform such services for the Client upon the terms and conditions set forth;
    • The CLIENT agrees to provide information and/or documentation requested by ADVISER in furtherance of this Agreement as pertains to CLIENT’s objectives, needs and goals, and to keep ADVISER informed of any changes regarding the The CLIENT acknowledges that ADVISER cannot adequately perform its services for the CLIENT unless the CLIENT diligently performs his/her/its responsibilities under this Agreement. ADVISER shall not be required to verify any information obtained from the CLIENT, CLIENT’s attorney, accountant or other professionals, and is expressly authorized to rely thereon. The CLIENT is free at all times to accept or reject any recommendation from ADVISER, and the CLIENT acknowledges that he/she has the sole authoritywith regard to the implementation, acceptance, or rejection of any recommendation or advice from ADVISER;
    • CLIENT authorizes ADVISER to respond to inquiries from, and communicate and share information with, CLIENT’s attorney, accountant and other professionals to the extent necessary in furtherance of ADVISER’s services under this Agreement;
    • The CLIENT is free to obtain legal, accounting, and brokerage services from any professional source to implement the recommendations of ADVISER. CLIENT will retain absolute discretion over all implementation decisions;
    • The CLIENT maintains sole responsibility to notify the ADVISER if there is a change in his/her financial situation or investment objectives for the purpose of reviewing/evaluating/revising ADVISER’s previous recommendations and/or services.

 

  1. Financial Planning/Consulting Service(s).

The ADVISER shall provide CLIENT with the financial planning and/or consulting services as described in the Invst4Life© Process. ADVISER’s recommendations (i.e. retirement planning, investments, estate planning, taxes, insurance, etc.) shall be discussed by the ADVISER with the CLIENT and may be implemented, at CLIENT’s sole discretion, with the corresponding professional advisors (i.e. broker, accountant, attorney, etc.) of CLIENT’s choosing. CLIENT acknowledges that in respect to estate planning matters, t h e  ADVISER’s role shall be that of a facilitator between the CLIENT and his/her corresponding professional advisors. No portion of ADVISER’s services should be interpreted as legal or accounting advice. The CLIENT should defer to his/ her attorney or accountant. If the CLIENT terminates, in writing (email shall suffice), ADVISER’s  financial  planning  services,  the balance, if any, of ADVISER’s financial planning

 

fee shall be paid by the CLIENT, including the fee due for services rendered by the ADVISER but not previously invoiced to the CLIENT (in the alternative, if the CLIENT has prepaid any portion of the ADVISER’s fee, the balance, if any, of any unused portion of ADVISER’s fee shall be refunded to the CLIENT). In addition to ADVISER’s fee, the CLIENT shall be responsible for reimbursement of all out-of-pocket expenses (previously agreed upon in writing) by the ADVISER in furtherance of the services to be provided under this Agreement. This Agreement constitutes an ongoing planning relationship until terminated by either party.

 

  1. Investment Management

 

  • The CLIENT hereby appoints the ADVISER to perform the services hereinafter described. The ADVISER shall be responsible for the review of the CLIENT’s present financial situation and shall provide advice in respect thereof, including advice in respect of the investment and reinvestment of those assets of the CLIENT designated by the CLIENT to be subject to the ADVISER’s management (the “Assets” or “Account”);

 

  • Under such management, the CLIENT shall authorize ADVISER to allocate the Assets among various investments, primarily individual equity and fixed income investments, exchange traded funds, and mutual funds, consistent with the CLIENT’s designated investment objectives (which may include, at the discretion of the ADVISER, the allocation of a portion of the Assets to unaffiliated investment managers and/or sub-advisers).

 

  • By execution on the last page of this Agreement, the CLIENT has authorized the ADVISER (and/or unaffiliated investment managers and/or sub-advisers) to buy, sell and trade in individual equity and fixed income securities, exchange traded funds, and mutual funds, on margin (only if written margin authorization has been granted) or otherwise, and to give instructions in furtherance of such authority to the registered broker-dealer and/or the custodian for the Account, and appoints the ADVISER as the CLIENT’s attorney and agent-in-fact with full authority to allocate the Assets in the CLIENT’s name and for the Account;

 

  • ADVISER shall discharge its investment management responsibilities consistent with the CLIENT’s designated investment objectives. Unless the CLIENT has advised the ADVISER to the contrary, in writing (email shall suffice), there are no restrictions that the CLIENT has imposed upon the ADVISER with respect to the management of the Assets. The CLIENT agrees to provide information and/or documentation requested by ADVISER in furtherance of this Agreement as it pertains to CLIENT’s objectives, needs and goals, and maintains exclusive responsibility to keep ADVISER informed of any changes regarding same. CLIENT acknowledges that ADVISER cannot adequately perform its services for CLIENT unless CLIENT diligently performs his/her responsibilities under this Agreement. ADVISER shall not be required to verify any information obtained from CLIENT, CLIENT’s attorney, accountant or other professionals, and is expressly authorized to rely thereon;

 

  • In the event that the Account is a retirement plan sponsored by CLIENT’s employer, CLIENT acknowledges that ADVISER’s investment selection shall be limited to the investment alternatives provided by the retirement The CLIENT acknowledges and understands that: (1) the ADVISER will not receive any communications from the plan sponsor or custodian, and it shall remain the CLIENT’s exclusive obligation to notify the ADVISER of any changes in investment alternatives,

 

restrictions, etc. pertaining to the Account; (2) the ADVISER shall not be responsible for any costs, damages, penalties, or otherwise, resulting from the failure to so notify the ADVISER; and (3) the

ADVISER’s authority shall be limited to the allocation of the Assets among the investment

alternatives available through the plan, and, as such, ADVISER will not have, nor will it accept, any authority to effect any other type of transactions or changes via the plan web site, including, but not limited to, changing beneficiaries or effecting Account disbursements or transfers to any individual or entity; and

  • CLIENT authorizes ADVISER to respond to inquiries from, and communicate and share information with, CLIENT’s attorney, accountant, and other professionals to the extent necessary in furtherance of ADVISER’s services under this Agreement.
  1. Adviser Compensation.
    • The ADVISER’s annual fee for the services provided under this Agreement shall be based upon a percentage (%) of the market value of the Assets under management in accordance with the fee schedule This annual fee shall be prorated and paid monthly, in arrears, based upon the average daily market value of the Assets for the period. No increase in the annual fee percentage shall be effective without prior written notification to the CLIENT;

 

  • CLIENT authorizes the Custodian of the Assets to charge the Account for the amount of ADVISER’s fee and to remit such fee to ADVISER in compliance with regulatory Please Note: In the event that there is not sufficient cash in the Account to pay ADVISER’s fee, the ADVISER shall sell Assets to pay the fee;
  • No portion of ADVISER Compensation shall be based on capital gains or capital appreciation of the Assets except as provided for under the Investment Advisers Act of 1940.

 

  • The ADVISER’s annual financial advisory fee is based upon a percentage (%) of the market value of the Assets placed under the ADVISER’s management:
  • Upon entering into a contractual relationship for financial planning services, the client is quoted an annual fee.

Financial Planning & Advisory Services

  1. Financial Advisory Fee:  % for all investments managed by
  2. Flat Fee, financial plan only, no assets: Initial
    Initial $2500, Recurring Subscription
    followed by monthly $250

 

Investment Management and Administration

  1. Tactical & Adaptive ETF Portfolios: 50 bps
  2. Momentum/Active Portfolios: 75 bps
  3. SMA Portfolios: 20 bps (may incur additional manager fees)
  4. Options Overlay Strategies: 50-100 bps

 

*Technology fee is a monthly subscription to the technology platform for CLIENT’s ongoing organization, personal hub oftheir financial information/data for use by CLIENT and ADVISER.

 

Investment Risk/No Guarantee.

The CLIENT acknowledges and accepts that investments have varying degrees of financial risk and that there can be no guarantee that any investment will be profitable. The CLIENT further acknowledges that ADVISER shall not be responsible for any adverse financial consequences to CLIENT’s investment Assets:

(1) if such investment(s), at the time recommended, were consistent with the CLIENT’s designated investment objectives; or, (2) resulting from the investment decisions (or any other errors, actions or omissions) made by the CLIENT’s other investment advisors, including, but not limited to, those investment professionals that have discretionary authority over all or a portion of the CLIENT’s Assets.

 

Termination. This Agreement shall remain in effect until terminated in writing by either party.

 

Disclosure Statement. CLIENT hereby acknowledges prior receipt of a copy of the ADVISER’s written Disclosure Statement as set forth on Part 2A of Form ADV. The Disclosure Statement discusses the scope of the ADVISER’s services, fees, and any corresponding conflicts of interest. CLIENT further acknowledges that CLIENT has had a reasonable opportunity to review said Disclosure Statement, and to discuss the contents of same with professionals of CLIENT’s choosing, prior to the execution of this Agreement.

 

ADVISER Liability. The ADVISER shall only be responsible for those services that the CLIENT has specifically designated to be the subject of the ADVISER’s services under this Agreement. The ADVISER, acting in good faith, shall not be liable for any action, omission, investment recommendation/decision, or loss in connection with this Agreement. The federal and state securities laws impose liabilities under certain circumstances on persons who act in good faith, and therefore nothing herein shall in any way constitute a waiver or limitation of any rights which the CLIENT may have under any federal or state securities laws.

 

Assignment. This Agreement may not be assigned by either the CLIENT or the ADVISER without the prior consent of both parties. The CLIENT acknowledges and agrees that transactions that do not result in a change of actual control or management of the ADVISER shall not be considered an assignment.

 

Arbitration. Subject to the conditions and exceptions noted below, and to the extent not inconsistent with applicable law, in the event of any dispute pertaining to the ADVISER’s services under this Agreement, both ADVISER and CLIENT agree to submit the dispute to arbitration in accordance with the auspices and rules of the American Arbitration Association (“AAA”), provided that the AAA accepts jurisdiction. ADVISER and CLIENT understand that such arbitration shall be final and binding, and that by agreeing to arbitration, both ADVISER and CLIENT are waiving their respective rights to seek remedies in court, including the right to a jury trial. CLIENT acknowledges that he/she has had a reasonable opportunity to review and consider this arbitration provision prior to the execution of this Agreement. CLIENT acknowledges and agrees that in the specific event of non-payment of any portion of ADVISER’s fee pursuant to this Agreement, ADVISER, in addition to the aforementioned arbitration remedy, shall be free to pursue all other legal remedies available to it under law, and shall be entitled to reimbursement of reasonable attorney’s fees and other costs of collection.

 

Amendments. The ADVISER may amend this Agreement upon written notification to the CLIENT. Unless the CLIENT notifies the ADVISER to the contrary, in writing (email will suffice); the amendment shall become effective thirty (30) days from the date of mailing.

 

Privacy Notice. The CLIENT acknowledges receipt of the ADVISER’s Privacy Notice.

ADV. The CLIENT acknowledges receipt of the ADVISER’s ADV.

 

Form CRS. The CLIENT acknowledges receipt of the ADVISER’s Relationship Summary.

Applicable Law/Venue. This Agreement supersedes and replaces, in its entirety, all previous financial planning agreement(s) between the parties. To the extent not inconsistent with applicable law, this Agreement shall be governed by and construed in accordance with the laws of the State of Indiana. In addition, to the extent not inconsistent with applicable law, the venue (i.e. location) for the resolution of any dispute or controversy between ADVISER and CLIENT shall be the County of Marion, State of Indiana.

Electronic Delivery. The CLIENT authorizes the ADVISER to deliver, and the CLIENT agrees to accept, all required regulatory notices and disclosures via electronic mail and/or via the ADVISER’s internet web site, as well as all other correspondence from the ADVISER. ADVISER shall have completed all delivery requirements upon the forwarding of such document, disclosure, notice and/or correspondence to the CLIENT’s last provided email address (or upon advising the CLIENT via email that such document is available on the ADVISER’s web site). Please Note: It is the CLIENT’s obligation to notify the ADVISER, in writing (email shall suffice), of any changes to the CLIENT’s email address. Until so notified, the ADVISER shall rely on the last provided email address. Please Also Note: By execution below, the CLIENT releasesand holds the ADVISER harmless from any and all claims and/or damages of whatever kind resulting from the ADVISER’s electronic transmission of information, provided that ADVISER has correctly addressed the electronic transmission to the CLIENT and/or other intended recipient.

Authority. The CLIENT acknowledges that he/she/they have all requisite legal authority to execute this Agreement. The CLIENT correspondingly agrees to immediately notify the ADVISER, in writing (email shall suffice), in theevent that this representation should change.

IN WITNESS WHEREOF, the CLIENT and ADVISER have each executed this Agreement on the day, month and year first above written.

 

 

 

Client (Sign/Print Name)

 

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Signature Certificate
Document name: FINANCIAL PLANNING AND CONSULTING AGREEMENT
lock iconUnique Document ID: 31b865b28db0583ba1cfb3ee97ab4e214b52e6fc
Timestamp Audit
February 22, 2024 12:12 pm EDTFINANCIAL PLANNING AND CONSULTING AGREEMENT Uploaded by Dipen Mehta – [email protected] IP 50.227.245.178