This ADVISORY AGREEMENT (hereinafter referred to as 'Agreement") is made and entered into this ________ day of _____________, 2000, between Henry Weingarten, ("Advisor") and _________________________________ ("Client")
This Agreement is entered into based upon the following representations: The Client has capital for the principle purpose of investing. It is recommended that the Client be prepared to commit the funds for at least one year.
IT IS MUTUALLY AGREED:
1. The Client shall deposit with _________________________ ("Broker") funds and/or securities in the amount of $_____________ (minimum $200,000 for a public account or minimum $1,000,000 for a private account) (the "Account").
2. The Client hereby appoints Advisor as attorney-in-fact with respect
to the Account to buy, sell (including short sales), spread or otherwise
trade in option contracts. Advisor will have the exclusive authority to issue
all necessary instructions to the Broker for the Account. The Client will
not trade the Account and will not authorize any party other than Advisor
to trade the Account. However, privately managed clients may be non-discretionary
as well as discretionary. In this case, the advisor will not have exclusive
authority and may or may not be given limited power of attorney.
____Initial here if non-discretionary account. The advisor _____shall ____shall
not have limited power of attorney.
3. The Client agrees to execute all documents required by the Broker as necessary to provide Advisor with the authority to enter orders for stocks, bonds and options It is agreed and understood by the Client that Advisor has no responsibility for the proper execution of orders by the Broker.
4. Advisor services are not rendered exclusively for the Client and Advisor shall be free to render similar services to others.
5. This agreement shall remain in effect until terminated by the receipt of written notice to the other party. Advisor or the Client may terminate this Agreement for any reason upon such notice. Such notices shall have no effect upon commitments made for the Account before such termination, and Management Fees remaining for the year shall be due immediately. Unless instructed otherwise in writing by the Client, any trading positions will be ordered closed by the Advisor on termination of this Agreement.
6. The Client may add to the Account or withdraw funds at any time provided that the Client maintains a minimum account balance of $200,000 for public accounts and $1,000,000 for private accounts. The Client agrees to notify Advisor in writing in advance of any such additions or withdrawals.
7. The Client's Account shall be charged for all brokerage commissions or exchange fees arising from transactions exercised in the administration of the Account and that Advisor shall have no responsibility or liability for any such charges.
8. The Broker is authorized to send to Advisor a copy of the Client's monthly statements and copies of all confirmations, purchase agreements and other documents related to the Account.
9. For Advisor's services the Client agrees to pay Advisor the following Management fee:
First Year Management Fee _________ for ____________ account
Subsequent Management Fee ________for _____________ account
The annual fee is based on the assets under management. Fees are calculated and charged quarterly, payable in advance.
10. The Client acknowledges that he has read and understood the Advisor's Documents, including the Risk Statement which is attached hereto as exhibit A. Advisor makes no guarantee that any of its services will result in a profit or will not result in a loss to the Client. Advisor shall not be liable to the Client or to other except by reason of its acts constituting willful malfeasance or gross negligence as to its duties herein, and disclaims any liability for human or machine errors in connection with the placement or transmission of orders to trade or not to trade including the errors of the Broker(s).
11. The following clause is voluntary and will be deemed a part of and incorporated into the entire Investment Advisory Agreement ONLY when signed separately in the space provided below. You are not required to sign this clause to open an account with the Advisor.
Any controversy among the parties hereto involving the construction or application of any of the terms, covenants or conditions of the Agreement, shall be resolved by arbitration under the laws of New York State.
BY SIGNING THIS AGREEMENT YOU: (1) MAY BE WAIVING YOUR RIGHT TO SUE IN A COURT OF LAW; AND (2) ARE AGREEING TO BE BOUND BY ARBITRATION OF ANY CLAIMS OR COUNTERCLAIMS WHICH YOU OR HENRY WEINGARTEN MAY SUBMIT TO ARBITRATION UNDER HIS AGREEMENT. IN THE EVENT OF A DISPUTE ARISES, YOU WILL BE NOTIFIED IF HENRY WEINGARTEN INTENDS TO SUBMIT THE DISPUTE TO ARBITRATION.
YOU NEED NOT SIGN THIS AGREEMENT TO OPEN AN ACCOUNT WITH HENRY WEINGARTEN.
I agree to arbitration: _______________________________________________________
Sign here only if you wish disputes settled by arbitration
12. In the event that any provisions of this Agreement are invalid for any reason whatsoever, all other conditions and provisions of this Agreement shall, nevertheless, remain in full force and effect.
This agreement and its enforcement shall be governed by the laws of the State of New York.
13. This agreement constitutes the entire agreement between the parties, and no modifications, or amendments of the agreement shall be binding unless they are in writing and signed by the Client and Advisor.
IN WITNESS WHEREOF, the parties here have executed this Agreement to be effective as of the date of acceptance by the Advisor.
Approved:
BY ___________________________________ Henry Weingarten:
Date __________________________________
__________________________________
Witness
___________________________ Client Signature:
Date ___________________
Client Address and Phone Number _______________________________________________
____________________________________________________________________________
_________________________
Witness
Appendix A
RISK STATEMENT
Astrology is not generally recognized as a conventional tool for forecasting or predicting market movements. Therefore, there can be no assurance that this method or any other forecasting tools or trading methodology I use can guarantee the client profits.
PAST PERFORMANCE IS NOT NECESSARILY INDICATIVE OF FUTURE RESULTS.
Client Signature:
______________________________
Date __________________________
_______________________________ Witness
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