INVESTMENT SERVICES AGREEMENT
E-trade/Ameritrade/ScottTrade Account No.
I, ___________________________ (“Investor”), hereby retain ______[INVESTMENT
COMPANY LONG TITLE]____ (“______[INVESTMENT COMPANY SHORT TITLE]____”) to
manage and invest money and securities on my behalf as set forth herein. To that end, I have either opened
an ______[Accredited Investment Authority, e.g. Ameritrade]____ brokerage account (the “account”) or
hereby authorize ______[INVESTMENT COMPANY]____ to do so on my behalf. I agree as follows
with respect to the account I have established or authorized for the purchase and sale of securities or
contracts relating thereto by ______[INVESTMENT COMPANY]____:
1. I, Investor, am of legal age and no one except myself or a Joint account holder listed hereon has any
interest in the account.
2. I hereby give and grant ______[INVESTMENT COMPANY]____ the full power and authority to do
and perform all and every acts and things whatsoever in its discretion with respect to the account, as fully
and to all intents and purposes as I might or could do myself, including, but not limited to, the power to
sell, assign, and transfer stocks, bonds and securities of every type, whether now owned or hereafter
acquired, standing in my name or belonging to me, at such prices that are acceptable to
______[INVESTMENT COMPANY]____ in its sole discretion; to buy and sell securities of all kinds in
my name and for my account and at such prices as are acceptable to ______[INVESTMENT
COMPANY]____ in its sole discretion; to sign, execute, acknowledge and deliver in my name all transfers
and assignments of securities; to consent in my name to reorganizations and mergers; to exchange
securities for new securities; to endorse all checks and drafts made payable to my order and collect the
proceeds therefrom; to sign in my name checks upon the account; and to make such payments and
expenditures as may be necessary to carry out the terms of this document. I hereby ratify and confirm each
and every act that ______[INVESTMENT COMPANY]____ may do pursuant to this complete and total
3. All transactions for my account shall be subject to the constitution, rules, regulations, customs and
usages of the exchange or market where executed, in addition to those of ______[Accredited Investment
Authority, e.g. Ameritrade]____.
4. Investor agrees to pay ______[INVESTMENT COMPANY]____ 1% of assets managed, subject to
negotiation, for its services under this agreement (the “Yearly Fee”). The Yearly Fee shall not be less than
Fifty Dollars ($50.00) and shall not exceed Fifty Thousand Dollars ($50,000.00). ______[INVESTMENT
COMPANY]____ is authorized to deduct the Yearly Fee from the account directly without prior notice to
Investor. Any and all credit balances, securities, assets or related contracts, and all other property held in
the account shall be subject to a general lien for the discharge of any and all sums owed to
______[INVESTMENT COMPANY]____ and ______[INVESTMENT COMPANY]____ may sell,
transfer or assign any such assets to satisfy any amount owed to it.
5. In addition to any sums paid to ______[INVESTMENT COMPANY]____, Investor shall be fully
responsible for the payment of any and all brokerage commissions, fees and payments due to
______[Accredited Investment Authority, e.g. Ameritrade]____ in connection with any trades effected by
______[INVESTMENT COMPANY]____. Such fees shall be paid directly to ______[Accredited
Investment Authority, e.g. Ameritrade]____ in accordance with ______[Accredited Investment Authority,
e.g. Ameritrade]____’s terms and conditions.
6. Joint account holders: If there is more than one account holder, each account holder is jointly and
severally liable for obligations arising under this agreement. Each joint account holder, acting alone and
without notice to any other account holder, has the authority to deal with ______[INVESTMENT
COMPANY]____ fully and completely. ______[INVESTMENT COMPANY]____ may follow the
instructions of any joint account holder and shall not be responsible for determining the purpose or
propriety of any instruction received from any joint account holder. ______[INVESTMENT
COMPANY]____ reserves the right to acquire written instructions from all account holders at its
discretion. Any notice sent to one account holder shall be deemed to be notice to all account holders.
7. DISPUTE RESOLUTION. ANY DISPUTE THAT THE INVESTOR MAY HAVE WITH
______[INVESTMENT COMPANY]____ ARISING OUT OF, RELATING TO OR IN CONNECTION
WITH THE ACCOUNT, ANY TRANSACTION BETWEEN THEM OR THIS AGREEMENT SHALL
BE DETERMINED BY ARBITRATION. INVESTOR AND ______[INVESTMENT COMPANY]____
AGREE TO FOLLOW THE PROCEDURES AND ABIDE BY THE REQUIREMENTS LISTED IN
PARAGRAPHS 8 AND 9 IN THIS AGREEMENT.
8. All dealings between Investor and ______[INVESTMENT COMPANY]____ are subject to the
arbitration rules of the National Association of Securities Dealers, Inc. (“NASD”). Investor is aware of the
(A) Arbitration is final and binding on the parties;
(B) The parties are waiving their right to seek remedies in court, including the right to a jury trial;
(C) Pre-arbitration discovery is generally more limited than and different from court proceedings;
(D) The arbitrators’ award is not required to include factual findings or legal reasoning and any party’s
right to appeal or to seek modification of rulings is strictly limited.
(E) The panel of arbitrators will typically include a minority or arbitrators who were or are affiliated with
the securities industry.
THE INVESTOR AGREES THAT ALL CONTROVERSIES THAT MAY ARISE BETWEEN THE
PARTIES CONCERNING ANY ORDER OR TRANSACTION, OR THE CONTINUATION,
PERFORMANCE OR BREACH OF THIS OR ANY OTHER AGREEMENT BETWEEN THE
PARTIES, WHETHER ENTERED INTO BEFORE, ON OR AFTER THE DATE OF THIS
AGREEMENT OR THE DATE THAT THE ACCOUNT WAS ESTABLISHED, SHALL BE
DETERMINED BY ARBITRATION BEFORE A PANEL OF INDEPENDENT ARBITRATORS SET
UP BY EITHER THE NEW YOUR STOCK EXCHANGE, INC. OR THE NASD AS THE INVESTOR
MAY DESIGNATE. IF THE INVESTOR DOES NOT NOTIFY ______[INVESTMENT
COMPANY]____ IN WRITING WITHIN FIVE (5) DAYS AFTER THE INVESTOR RECEIVES
WRITTEN DEMAND FOR ARBITRATION, THEN THE INVESTOR AUTHORIZED
______[INVESTMENT COMPANY]____ TO MAKE SUCH DESIGNATION ON HIS OR HER
BEHALF. THE INVESTOR UNDERSTANDS THAT JUDGMENT UPON ANY ARBITRATION
AWARD MAY BE ENTERED IN ANY COURT OF COMPETENT JURISDICTION.
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; WHO 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; (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.
9. Applicable law; Enforceability. THIS AGREEMENT, ITS ENFORCEMENT, ANY CONTRACT,
AND ANY DISPUTE BETWEEN THE PARTIES, WHETHER ARISING OUT OF OR RELATING TO
THE INVESTOR’S ACCOUNT OR OTHERWISE, SHALL BE GOVERNED BY THE LAW OF THE
STATE OF NEVADA, EXCLUDING ITS CONFLICTS OF LAW RULES; and its provisions shall be
continuous, shall cover individually and collectively all accounts which the undersigned may open with
______[INVESTMENT COMPANY]____, and shall be binding upon the Investor and/or his or her estate,
executors, administrators, trustees, agents, officers, directors and assigns.
10. This agreement shall remain in effect from the date hereof until cancelled by either party hereto.
Either party may terminate the agreement effective immediately upon written notice to the other party.
11. Neither Investor nor ______[INVESTMENT COMPANY]____ shall have the power or right to
assign any of its rights or obligations under this agreement to any other party without the express written
consent of the other party.
12. Investor understands that ______[INVESTMENT COMPANY]____ and/or its employees or agents
may own or control stocks, bonds or securities which it may purchase or sell upon Investor’s account.
Investor hereby waives any and all conflicts of interest that may potentially exist with respect to the
purchase or sale such securities.
13. Investor understands that the securities that shall be bought and sold by ______[INVESTMENT
COMPANY]____ are not insured and that some or all of the funds deposited in the account may be lost.
______[INVESTMENT COMPANY]____ shall not be liable to Investor for any sums of money that may
be lost on the account.
14. Investor agrees that ______[INVESTMENT COMPANY]____ may modify the terms of this
agreement at any time upon prior written notice. If the modifications are unacceptable, Investor agrees to
notify ______[INVESTMENT COMPANY]____ in writing within 10 days of the transmittal of such
written notice. Investor may then terminate this agreement, after which Investor shall remain liable to
______[INVESTMENT COMPANY]____ for all existing liabilities and obligations.
15. Investor shall execute any and all documents reasonably necessary to effect the terms and conditions
of this agreement, including, but not limited to, any power of attorney required by ______[Accredited
Investment Authority, e.g. Ameritrade]____.
16. This agreement contains the entire understanding between the parties and no other representation or
inducement, verbal or written, has been made which is not contained in this contract.
17. Investor acknowledges receipt of a copy of this contract and that he or she has read and understood
the entire agreement.
NOTICE: THIS AGREEMENT CONTAINS A PRE-DISPUTE ARBITRATION CLAUSE IN
For ___[Investment Company]______ Investor
By: [Name], [Title]
Joint account holder (if any)
Not Valid Unless Signed and Accepted by Management.