We are pleased to confirm our understanding and agreement to provide investment education services to you (the โClientโ). This letter outlines the scope of our engagement, our respective roles and responsibilities, and other pertinent terms and conditions.
Scope of Services
Our services are focused exclusively on providing education to empower you to confidently manage your own financial journey. Please note that we do not manage funds or provide investment advisory services. Specifically, our education services encompass:
Investment Education: Comprehensive training on asset classes, risk management strategies, and investment fundamentals.
Portfolio Diversification Principles: Instruction on building and maintaining a diversified investment portfolio tailored to your objectives.
Market Analysis and Insights: Education on market trends and economic factors influencing investment decisions.
Financial Tools and Resources: Guidance on utilizing tools and software to track and analyze your investments independently.
Regular Consultations: Periodic sessions tailored to address your unique needs and questions.
These services will be delivered through a combination of in-person meetings, virtual consultations, written materials, or other relevant resources. The format and frequency of the sessions will be determined based on your individual goals and preferences.
Disclaimer โ Educational Use Only (Ontario Securities Law Compliance)
This course and its associated materials are intended solely for educational purposes and do not constitute investment advice, recommendations, or an offer to trade in securities. All forward-looking informationโincluding hypothetical scenarios, projections, or sample strategiesโis based on illustrative assumptions and should not be interpreted as guarantees of future performance. In accordance with OSC Policy 51-604 and the Securities Act, R.S.O. 1990, c. S.5, such information may involve material risks and uncertainties. Reasonable efforts have been made to ensure accuracy and clarity, and all forward-looking content includes cautionary language and disclosed assumptions. The course providers disclaim any liability for loss or damage incurred by participants acting on information presented. Participants are strongly encouraged to seek advice from a registered adviser prior to making investment decisions.
Safe Harbour Statement
This course is intended solely for educational purposes and does not constitute investment advice or recommendations. Any references to potential financial outcomes, strategies, or market scenarios are forward-looking in nature and based on hypothetical or historical data. These projections may not reflect actual future performance. While reasonable efforts have been made to ensure accuracy, the course creators and presenters do not accept liability for any actions taken by participants based on the information provided. Participants are encouraged to conduct their own due diligence and consult with qualified financial professionals before making investment decisions.
Our Role
As an independent educator, we are committed to providing objective, unbiased, and high-quality investment education. It is important to clarify that we do not engage in investment management services, nor do we provide specific investment advice or recommendations tailored to particular securities, portfolios, or market strategies. Additionally, we do not accept commissions, referral fees, or any other form of compensation arising from your financial transactions, ensuring that our services remain free from conflicts of interest.
Our primary responsibility is to equip you with the knowledge, tools, and confidence necessary to make informed decisions about your financial future. Through this engagement, our focus is solely on enhancing your understanding of investment principles, market dynamics, and financial strategies. By maintaining this educational framework, we empower you to take control of your financial journey while preserving your autonomy in managing your investments.
Fees and Payment Terms
The fee for our services will be structured as follows:
Invoices will be issued on purchase of services and are payable within 5 days of issuance. Payments may be made via Credit Card or E-Transfer. Should you require services beyond the scope outlined in this agreement, additional fees may apply, subject to prior written consent.
Client Responsibilities
To ensure the success of this engagement, you agree to:
Actively participate in all educational sessions and seek clarification on matters related to your investment knowledge.
Provide accurate and timely information or documentation necessary for the provision of our services.
Preserve the confidentiality of proprietary materials and information shared during the engagement.
CONFIDENTIALITY
We confirm our duty of confidentiality and professional secrecy with respect to all client affairs. Accordingly, except for information that is in the public domain, we will not provide any third party with confidential information concerning your affairs without your prior consent, unless required or expressly authorized to do so by law, court order, professional or regulatory authority or by the Code of Professional. Further, in order to complete our Engagement, we will require access to certain information about you and, as may be required to perform the Services, other identified individuals (โpersonal informationโ). By engaging our firm you agree to provide the personal information required for us to complete this Engagement. You hereby represent to us that you have obtained all consents that are required for our collection, use, disclosure, storage, transfer and process of personal information of such other identified individuals under applicable privacy legislation and professional regulation. We will manage all personal information in compliance with our firmโs Privacy Statement.
ELECTRONIC COMMUNICATIONS
In performing the Services, we will send messages and documents electronically. As such communications can be intercepted, misdirected, infected by a virus, or otherwise used or communicated by an unintended third party, we cannot guarantee or warrant that communications from us will be properly delivered only to the addressee. Therefore, we specifically disclaim, and you release us from, any liability or responsibility whatsoever for interception or unintentional disclosure of communications transmitted by us in connection with the performance of this Engagement. In that regard, you agree that we shall have no liability for any loss or damage to any person or entity resulting from such communications, including any that are consequential, incidental, direct, indirect, punitive, exemplary or special damages (such as loss of data, revenues or anticipated profits). If you do not consent to our use of electronic communications, please notify us in writing.
OWNERSHIP
The course materials, files, other materials, reports and work created, developed or performed by us during the course of the Engagement are the property of our firm, constitute our confidential information and will be retained by us in accordance with our firm's policies and procedures. Notwithstanding the foregoing, you may examine any document relating to you in our file upon reasonable notice and obtain a copy of such document, unless we are authorized by law to refuse access to the information contained therein.
During the course of our work, we may provide, for your own use, certain software, spreadsheets and other intellectual property to assist with the provision of our Services. Such software, spreadsheets and other intellectual property must not be copied, distributed or used for any other purpose. We also do not provide any warranties in relation to these items and will not be liable for any lost or corrupted data or other damage or loss suffered or incurred by you in connection with your use of them.
We retain the copyright and all intellectual property rights in any original materials provided to you.
THIRD-PARTY SERVICE PROVIDERS
We may from time to time, and depending on circumstances, use third-party service providers to assist in completing the agreed upon Services. In that regard, we may share confidential information with the service providers. You hereby authorize us to disclose your confidential information to such service providers retained by us.
INDEMNITY
To the fullest extent permitted by applicable law and professional regulations, you agree to indemnify, defend and hold harmless our firm (and its partners, employees and agents) from and against all losses, costs (including solicitorโs fees), damages, expenses, claims, demands and liabilities (โLossesโ) arising out of or in consequence of a third-party claim due to (a) a misrepresentation by you, or (b) the Services, unless and to the extent that such Losses are found by a court of competent jurisdiction to have been due to our gross negligence or intentional misconduct.
LIMITATION OF LIABILITY
The liability of the Firm to the Clients for any claim related to services provided pursuant to this engagement letter in either contract, negligent misrepresentation or tort, including the partners, officers or employees of the Firm shall be strictly limited to the amount of the fees charged for the services and within the scope of any professional liability insurance the Firm may have available at the time such claims are made. No claim shall be brought against the Firm, negligent misrepresentation or tort more than one year after the services were completed or terminated under this engagement.
TERMINATION
Subject to compliance with applicable law and the Code of Professional Conduct, either party may terminate this Engagement at any time upon written notice of such termination to the other party no less than 30 calendar days before the effective date of termination. Upon termination of this Engagement, we will invoice you for any unbilled fees and expenses. Further, you agree to pay your account to the date of termination upon receipt of our invoice. The provisions of this Engagement, which provide rights or obligations beyond its termination, shall continue indefinitely following termination, including Indemnity and Billing.
GENERAL
This Engagement will be subject to and governed by the laws of Ontario. Any disputes arising from this Engagement shall be subject to the exclusive jurisdiction of the courts of Ontario. You agree that any dispute that may arise regarding the Services or the meaning or performance or enforcement of this letter will, prior to resorting to litigation, be submitted to mediation.
This letter forms the entire agreement that will govern the Engagement. The terms and conditions of this letter supersede any prior oral or written representations or commitments by or between the parties. Any changes or additions to the terms or conditions set forth in this letter will only become effective if evidenced by a written amendment to this letter, signed by both of the parties.
We would be pleased to discuss the contents of this letter with you at any time, particularly if your requirements change, and to explain the reasons for any items. If the above terms are acceptable to you, and the Services outlined are in accordance with your requirements, please sign the copy of the letter in the space provided and return it to us.
