Personal Finance/ Estate Planning/ Retirement Planning Consultant Agreement

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This agreement sets forth the contract to be entered into between a consultant and a client for the provision of personal finance, estate planning or retirement planning consulting services. This document contains the material terms and conditions of the agreement including the specific services to be provided, the payment details and the term of the agreement. The draft form contains numerous standard provisions as well as optional language to ensure that the specific understandings between parties are addressed. This document should be used by a personal finance, estate planning or retirement planning consultant and a client when entering into an agreement for services.

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									This agreement sets forth the contract to be entered into between a consultant and a
client for the provision of personal finance, estate planning or retirement planning
consulting services. This document contains the material terms and conditions of the
agreement including the specific services to be provided, the payment details and the
term of the agreement. The draft form contains numerous standard provisions as well
as optional language to ensure that the specific understandings between parties are
addressed. This document should be used by a personal finance, estate planning or
retirement planning consultant and a client when entering into an agreement for
services.
                         CONSULTING AGREEMENT
THIS CONSULTING AGREEMENT ("Agreement") is made and entered into as of
the ___ day of _____, 20__, [Instruction: Insert date.] by and among _____
[Instruction: Insert client name.] ("Client"), and _____ [Instruction: Insert
consultant’s name.] ("Consultant"). Client hereby retains Consultant to provide the
consulting services described below with respect to certain of Client’s cash, securities,
and other property and assets from time to time designated by Client (the “Assets”) on the
terms and conditions set forth below.
                                    WITNESSETH:
WHEREAS, Consultant is recognized as a person with expertise in certain areas of
investment consulting; and
WHEREAS, the Client desires to retain Consultant to provide services related to and in
support of efforts in which Consultant has expertise; and
WHEREAS, Consultant is in the business of providing such consulting services and
has agreed to provide the services in accordance with the terms and conditions set forth in
this agreement.
NOW, THEREFORE, in consideration of this Agreement and other good and valuable
consideration, the receipt and sufficiency of which is hereby acknowledged, the parties
agree as follows:
   1. Consultant shall furnish the Client with advice, information, judgment and
      knowledge in accordance with the standards of care set forth in this Agreement
      with respect to the services related to and in support of efforts in which
      Consultant has expertise which is to be provided in accordance with this
      Agreement. Consultant agrees to provide Client with the following investment
      consulting services _____. [Comment: Insert specific services Consultant shall
      perform under Agreement.] The Assets initially shall consist of the following:
      _____. [Instruction: Insert applicable information. If necessary, attach as a
      separate schedule.]
   2. The term of this Agreement shall begin on _____ [Instruction: Insert
      commencement date.] and shall, subject to the provisions for termination set
      forth herein, continue until and terminate on _____ [Instruction: Insert
      termination date.]. Upon termination, Consultant shall follow applicable
      industry standards and practice to promptly discontinue all work, unless the
      termination notice directs otherwise; and deliver or otherwise make available to
      Client all data, reports, summaries and other information that may have been
      accumulated by Consultant in performing under this Agreement, whether
      completed or in process.
   3. The Consultant will use its best efforts in accordance with industry standards to
      select and recommend investments for the Assets to protect capital, generate
      income and obtain capital growth without regard to the taxation of the income or
      growth. It shall be the Client’s responsibility to advise the Consultant in writing
      of any objectives contrary to these and any changes or modification to Client’s
      financial circumstances therein.


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   4. For all services that Consultant renders to the Client during the term hereof, the
      Client will pay Consultant a retainer of $_____ per month, payable on the first
      day of the month. If this agreement terminates on a date other than the first of a
      month, a prorated share of the minimum fee will be due for the final month. A
      representative of Consultant, who is knowledgeable and familiar with the Assets
      and this Agreement, shall meet periodically with representatives of Client as
      required to review the status of the Assets. Travel to meetings with Client,
      lodging and related expenses of these meetings shall be at the expense of
      Consultant. To the extent that it does so for other similarly situated clients,
      Consultant may invite Client to participate in annual meetings, special meetings
      and other conferences or programs. All registration fees, materials,
      accommodations and the cost of meals and refreshments provided by Consultant
      to Client, as attendees at such meetings or programs, shall be paid for by
      Consultant from its fees as part of the services provided in exchange for the fees.
      [Instruction: Insert applicable payment agreement, including any revision to
      the hours/days of services.] Late payments by Client shall be subject to late
      penalty fees of _____% [Instruction: Insert number.] per month from the due
      date until the amount is paid.
   5. All information received by Consultant (including for purposes hereof,
      Consultant’s agents and employees [Comment: Depending on size/formation
      entity of Consultant’s firm, parties to Agreement may wish to consider other
      persons to include in here, including but not limited to, directors and
      shareholders of Consultant.]) directly or indirectly from Client shall be regarded
      and treated as confidential and shall not be disclosed to any third party except as
      agreed upon in writing by Client or otherwise required by law or valid court
      order. Consultant shall not be free to divulge or to act upon such information with
      respect to the performance of its services hereunder. Notwithstanding the above
      Client agrees to allow Consultant to use Client’s name on a client list so long as a
      disclaimer is used stating the Consultant does not know if the Client would
      recommend using its services and no confidential information with regard to
      client’s assets or policies is revealed. Furthermore, Client acknowledges certain
      services Consultant offers and/or provides Client and other clients require the use
      and anonymous disclosure of client data, including portfolio performance and
      trading data.
   6. Client agrees to provide, or cause its custodian bank, administrator, attorney,
      trustee, present or former investment consultant, actuary, consultants, other third
      parties, or investment managers (hereinafter referred to as “Representatives”) to
      provide Consultant with any and all reasonably necessary and appropriate
      information for Consultant to begin to perform its obligations under this
      Agreement. This information includes liquidity needs, historical performance
      information, investment guidelines, and other pertinent information, in each case
      to the extent reasonably available, as requested by Consultant from time to time,
      including, without limitation, a written summary of any investment limitations or
      restrictions. Client, directly or through its Representatives, also agrees to inform
      the Consultant as soon as reasonably possible of any change in circumstances
      affecting the needs or goals of the Client, as the case may be. Client understands


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      that in providing its services hereunder, Consultant will rely on the information
      from time to time provided to it by Client and Client’s Representatives.
      Consultant shall not be required to verify any information obtained from Client or
      Client’s Representatives. Consultant shall not be liable for the accuracy and
      completeness of information furnished or representation made by such
      Representatives.
   7. Client hereby agrees to provide any of Client’s Representatives with written
      approval to speak with Consultant regarding any confidential information
      necessary for Consultant to perform its obligations pursuant to this Agreement.
   8. Consultant shall make reasonable efforts to inform Client of changes in estate or
      retirement benefits law or regulation applicable to this Agreement. Client
      understands, acknowledges and agrees it is solely responsible, in its own
      discretion, and at its sole cost and expense to review and revise any necessary
      estate planning documents in accordance with any such changes and/or any
      determinations made with respect to the Assets.
   9. Consultant shall not be obligated to perform and Client will not request
      performance of any services which may be deemed to constitute the unauthorized
      practice of law. Client will be solely responsible to obtain legal advice, reviews
      and/or opinion as necessary or advisable in Client’s sole discretion, and at
      Client’s sole cost and expense.
   10. Client hereby understands, acknowledges and agrees Consultant’s [Comment:
       Depending on size/formation entity of Consultant’s firm, parties to
       Agreement may wish to consider other persons to include in here, including
       but not limited to, agents, employees, directors and shareholders of
       Consultant.] advice to Client pursuant to this Agreement is limited to
       recommendations and Client shall retain absolute discretion over and
       responsibility for the implementation of Consultant’s recommendations. Nothing
       herein shall require Client to engage any investment managers recommended by
       Consultant or to follow any recommendation provided by Consultant. Consultant
       makes its recommendations based upon information obtained and analyzed by a
       wide variety of public and private sources, including, in the case of investment
       managers, periodic questionnaires and interviews. Although the information
       collected by Consultant is believed to be reliable and is compiled in accordance
       with accepted industry standards, Consultant cannot guarantee the accuracy or
       validity of any or all such information. Consultant shall not be liable for any
       losses or expenses incurred by Client as a result of fraudulent actions or
       misrepresentations made by Client’s Representatives. Client understands that the
       prior performance of an investment manager is not necessarily indicative of such
       investment manager’s future results.
      [Optional language, revise or delete as desired: Consultant [Comment: As
      above, depending on size/formation entity of Consultant’s firm, parties to
      Agreement may wish to consider other persons to include in here, including
      but not limited to, directors and shareholders of Consultant.] will not
      manage Client’s Assets or exercise any investment discretion or perform any
      discretionary trading with respect to the Assets. Consultant shall have no


© Copyright 2012 Docstoc Inc.                                                             4
      responsibility for voting any proxies solicited by or with respect to issuers of
      securities in which Client Assets may be invested from time to time.
      Consultant is not responsible for diversifying any Client Assets, even if those
      assets have an impact on or would be affected by the investment program
      Consultant is advocating. In addition, Consultant and its agents and/or
      employees will not render, or be responsible for rendering, any legal,
      accounting or actuarial advice to Client or preparing for Client any legal,
      accounting or actuarial document.]

      To the extent permitted by applicable law, Consultant, its agents and employees
      [Comment: As above, depending on size/formation entity of Consultant’s
      firm, parties to Agreement may wish to consider other persons to include in
      here, including but not limited to, directors and shareholders of Consultant.]
      will not be liable for any losses or expenses incurred by Client, as a result of any
      action or omission by unrelated third parties, or Consultant, except to the extent
      caused by Consultant’s negligence, willful misconduct, bad faith, or violation or
      reckless disregard of its obligations and duties under this Agreement. For all
      purposes of this Agreement, Consultant shall be deemed to be an independent
      contractor and shall have no authority to act for or represent Client in any way
      and shall not be deemed to be an agent of Client. Nothing in this Agreement may
      be interpreted or construed to create any employment, partnership, joint venture,
      or other relationship among Consultant and Client. The parties understand and
      agree that no relationship of employer-employee exists between Consultant and
      Client; that Consultant and any agents or employees of Consultant are not officers
      or employees or agents of Client; and that Client is not required to make any
      deductions from the compensation payable to Consultant. As an independent
      contractor, Consultant hereby holds Client harmless from any and all claims that a
      third party may bring alleging that Client is Consultant’s employer under this
      Agreement.

   11. Consultant holds itself out as an expert with respect to consulting on investments.
       Consultant represents itself as being possessed of greater knowledge and skill
       than the average person. Accordingly, Consultant is under a duty to exercise a
       skill greater than that of an ordinary person and the manner in which Consultant
       carries out its duties under this Agreement will be evaluated in light of
       Consultant’s superior skill. Consultant shall exercise the care, skill, prudence, and
       diligence under the circumstances then prevailing that a similar expert acting in a
       like capacity and familiar with such matters and consistent with the objectives of
       this Agreement would use in the conduct of an enterprise of like character and
       with like aims. Consultant [Comment: As above, depending on size/formation
       entity of Consultant’s firm, parties to Agreement may wish to consider other
       persons to include in here, including but not limited to, directors and
       shareholders of Consultant.] shall not be liable for any error of judgment with
       respect to their investment advice and recommendations, provided they act in
       good faith; but nothing herein contained shall be construed to protect Consultant
       against any liability by reason of negligence, willful misconduct, bad faith, or a



© Copyright 2012 Docstoc Inc.                                                              5
      violation or reckless disregard of their obligations and duties under this
      Agreement. Federal and state securities laws impose fiduciary duties and
      liabilities under certain circumstances on persons who act in good faith.
      Therefore, nothing herein shall constitute a waiver or limitation of any rights
      which Client may have under any federal or state securities laws. Consultant shall
      maintain, as long as this Agreement is in effect, fiduciary liability or investment
      counselor’s errors and omissions insurance against potential liabilities which it
      may incur for breach of any fiduciary duty to Client in an amount not less than
      _____ [Instruction: Insert amount.], naming Client as an additional insured.
      The insurance provided shall be primary insurance and any insurance carried by
      Client shall be excess and not contributory to that provided by Consultant.
      Insurance required by this section shall be in the form of policies or contracts of
      insurance with a carrier rated at least A by A.M. Best. Evidence of such
      insurance shall be in the form of a certificate of insurance and Consultant shall
      notify Client in writing if such insurance is canceled or lapses.
   12. Optional language: This Agreement shall terminate in the event Consultant
       voluntarily ceases performing his/her duties and such cessation continues for
       a period of more than thirty (30) days after notice from Client, if Consultant
       becomes physically or mentally unable to perform his/her duties. In such
       event, the termination date shall be deemed to be the date on which such
       services ceased to be performed.
   13. In the event of a breach hereunder and a failure to cure such breach within thirty
       (30) days of written notice of such breach, this Agreement may be terminated by
       either party upon written notice.
   14. The provisions of this Agreement are severable, and if any one or more provisions
       may be determined to be illegal or otherwise unenforceable, in whole or in part,
       the remaining provisions, and any partially enforceable provision to the extent
       enforceable in any jurisdiction, shall nevertheless be binding and enforceable.
   15. The rights and obligations of the Client under this Agreement shall inure to the
       benefit of and shall be binding upon the successors and assigns of the Client. The
       rights, obligations and duties of Consultant hereunder may not be assigned or
       delegated without the Client's prior written consent.
   16. The Consultant represents and warrants to the Client that he/she is under no
       contractual or other restrictions or obligations which are inconsistent with the
       execution of this Agreement, or which will interfere with the performance of
       his/her duties or provision of services hereunder. Consultant represents and
       warrants that the execution and performance of this Agreement will not violate
       any policies or procedures of any other person or entity for which he/she performs
       services concurrently with those performed herein.
   17. [Comment: This language is optional, but also should be carefully reviewed if
      used to ensure the drafter language is correct as applied to the particular
      situation of the parties.] The Client acknowledges that this Agreement was
      prepared by counsel for the Consultant and that it may contain terms and
      conditions onerous to Client. The Client expressly acknowledges that


© Copyright 2012 Docstoc Inc.                                                               6
      Consultant has given it adequate time to review this agreement and to seek
      and obtain independent legal advice, and represents to Consultant that it has
      in fact sought and obtained independent legal advice and is satisfied with the
      terms and conditions of this Agreement. Any terms herein which may be
      determined to be ambiguous shall not be construed against the Consultant.
      Rather, the parties shall be deemed to have equal bargaining power and such
      terms shall be deemed to have been negotiated by and between the parties.
   18. Any notices or other communications required or permitted under this Agreement
       shall be in writing and shall be deemed to have been duly given and delivered
       when delivered in person, two (2) days after being mailed postage prepaid by
       certified or registered mail with return receipt requested, or when delivered by
       overnight delivery service or by facsimile to the recipient at the following address
       or facsimile number, or to such other address or facsimile number as to which the
       other party subsequently shall have been notified in writing by such recipient:
          If to the Client:
                  [Instruction: Insert Client notice information here.]
          If to the Consultant:
                  [Instruction: Insert Consultant notice information here.]
   19. Either party's failure to enforce any provision or provisions of this Agreement
       shall not in any way be construed as a waiver of any such provision or provisions
       as to prior or future violations thereof or of any other provision of this Agreement,
       nor prevent that party thereafter from enforcing each and every other provision of
       this Agreement. The rights granted the parties herein are cumulative and the
       waiver by a party of any single remedy shall not constitute a waiver of such
       party's right to assert all other legal remedies available to him or it under the
       circumstances.
   20. This Agreement will be governed by and interpreted in accordance with the
       substantive laws of the State of _____ [Instruction: Insert state.] without
       reference to conflicts of law. [Comment: Parties may wish to consider
       including alternative dispute resolution provisions.]
   21. The various captions and section headings contained in this Agreement are
       inserted only as a matter of convenience and in no way define, limit or extend the
       scope or intent of any of the provisions of this Agreement.
   22. The pronouns used herein shall include, where appropriate, either gender or both,
       singular and plural.
   23. The terms of this Agreement are confidential and no press release or other written
       or oral disclosure of any nature regarding the terms of this Agreement shall be
       made by either party without the other party’s prior written approval (except as
       otherwise set forth herein).
   24. With respect to its subject matter, this Agreement constitutes the entire
       understanding of the parties superseding all prior agreements, understandings,
       negotiations and discussions between them whether written or oral, and there are



© Copyright 2012 Docstoc Inc.                                                             7
       no other understandings, representations, warranties or commitments with respect
       thereto.
   25. This Agreement may be signed in one or more counterparts, each of which when
       exchanged will be deemed to be an original, binding upon the parties as if a single
       document had been signed by all, and all of which when taken together will
       constitute the same agreement. Any true and correct copy of this Agreement
       made by customary, reliable means (e.g., photocopy or facsimile) shall be treated
       as an original.
   26. No modification to this Agreement, nor any waiver of any rights, will be effective
       unless assented to in writing by the party to be charged.
   27. The person(s) executing this agreement hereby represent and warrant that each
       respectively has the authority to execute this agreement on behalf of the party for
       which he is executing.
IN WITNESS WHEREOF, the parties have executed this Agreement effective as of the
date first written above.


_________________________
Consultant


_________________________
[Instruction: Insert Client signature block.]




© Copyright 2012 Docstoc Inc.                                                                8

								
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