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Terms & Conditions

For Vickerman Investment Advisors
    This Agreement sets forth the services to be provided to Client 1 and/or Client 2 (collectively referred to as “Client”) by Vickerman Investment Advisors, Inc. (“Advisor”). Client hereby appoints Advisor as an Investment Advisor to perform the services hereinafter described, and Advisor accepts such appointment. Advisor will evaluate Client's investment objectives and current investments. Advisor shall be responsible for the investment and reinvestment of all assets opened through Advisor (which assets, together with all additions, substitutions and/or alterations thereto are hereinafter referred to as the “Assets” or “Account”). Client may request exclusions or exceptions for any Account, Asset or posi- tion on the Special Instructions section of this Agreement or in writing to the Advisor. Client agrees that this Agreement covers all accounts opened through Custodian and accessible by Advisor.Client hereby grants Advisor all of its powers with regard to the investment and reinvestment of the Client assets and appoints Advisor as Cli- ent’s agent in fact with full authority to buy, sell, or otherwise effect investment transactions involving the Assets managed under this Agree- ment, without first contacting Client. Investment transactions include, but are not limited to stocks, bonds, exchange trades funds (“ETFs”) mu- tual funds, certificates of deposit and/or programs and other securities available through the account custodian selected by client and where accessibility is provided to the Advisor. Financial Planning services may be provided to help Clients determine investment objectives, risk toler- ance, investing time horizon, terminal value (wealth transfer), retirement and savings goals and modeled returns.
    Client agrees to provide information regarding income, investments, income tax situation, estate and other pertinent matters as requested by Advisor from time-to-time. Client also agrees to discuss needs and goals and projected future needs candidly with Advisor and to keep Advisor informed of changes in Client's situation, needs and goals. Client acknowledges that Advisor cannot adequately perform its service on Client's behalf unless Client performs such responsibilities and that Advisor's analysis and recommendations are based on the information provided by Client. Client agrees to permit Advisor to consult with and obtain information about Client from Client's accountant, attorney and other advisors or brokers and Advisor is expressly authorized to rely on such information. Unless the Client has advised the Advisor to the contrary, in writing or in the Special Instructions section above, there are no restrictions that the Client has imposed upon the Advisor with respect to the manage- ment of the Assets.
    It is understood by the parties that Advisor will not have custody of, nor control over, Client's funds or investments. With the assistance of Advi- sor, Client will set up accounts at one or more brokerage firms, mutual fund companies, and/or other financial institutions (“Custodian”). Such accounts will be registered in the name of Client. Client authorizes Advisor to deduct its fees, as described in this Agreement, from such ac- counts.
    The Advisor, acting in good faith, shall not be liable for the independent acts and/or omissions of other professionals or third party service pro- viders recommended to the Client by the Advisor, including a broker-dealer and/or custodian, attorney, accountant, insurance agent, or any oth- er professional.

    If, during the term of this Agreement, the Advisor holds or purchases specific individual securities for the Account at the direction of the Client (i.e. the request to purchase was initiated solely by the Client), the Client acknowledges that the Advisor shall do so as an accommodation only, and that the Client shall maintain exclusive ongoing responsibility for monitoring any and all such individual securities, and the disposition there- of. Correspondingly, the Client further acknowledges and agrees that the Advisor shall not have any responsibility for the performance of any and all such securities, regardless of whether any such security is reflected on any quarterly Account reports prepared by Advisor or noted on the statements received from the custodian. In addition to any and all accounts maintained by the Client with other investment professionals or at custodians for which the Advisor does not maintain trading authority, the Client, and not the Advisor, shall be exclusively responsible for the investment performance of any such assets or accounts.The Client acknowledges that investments have varying degrees of financial risk, and that Advisor shall not be responsible for any adverse finan- cial consequences to the Account resulting from any investment that, at the time made, was consistent with the Client’s investment objectives.

    The Client further acknowledges and agrees that Advisor shall not bear any responsibility whatsoever for any adverse financial consequences occurring during the Account transition process (i.e., the transfer of the Assets from the Client’s predecessor Advisors/custodians to the Ac- counts to be managed by the Advisor) resulting from: (1) securities purchased by Client’s predecessor Advisor(s); (2) the sale by Advisor of securities purchased by the Client’s predecessor Advisor(s) subsequent to completion of the Account transition process.

    Federal and state securities laws impose liabilities under certain circumstances on persons who act in good faith, and there- fore 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. As an investment advisor registered with the Securities and Exchange Commission we embrace our fiduciary duty to, at all times, act in the best interests of clients.

    It is understood by Client that Advisor does not offer legal advice. It is further understood that Services provided pursuant to this Agreement do not create any "attorney-client relationship" of any kind. Actions taken by Advisor pursuant to this Agreement do not constitute the practice of law.

  5. FEES
    The Advisory Fee rate is noted under the Annual Advisory Fees section of this Agreement. The Advisory Fee, paid in arrears, will be a percent- age of the average daily value of all Assets at the end of the quarter. The Advisory Fee is calculated by multiplying times the average daily balance of the Assets by one-quarter of the Annual Advisory Fee for the level of Assets managed. The initial fee for a new Account will be based on the average daily value at the end of the quarter while the Account has been open. In the event the Client terminates this Agreement the Client agrees to pay the Advisor for the earned portion of the Advisory Fee that has not been paid. Client authorizes Advisor to calculate and deduct its fees from the Account under the terms of this Agreement directly from the custodian. Any commissions, trading costs, re- demption fees, and other expenses payable in connection with the execution of transactions for the account and any out-of-pocket expenses incurred shall be borne by the Account and, to the extent the Account’s funds are inadequate, by the Client. It is possible that the value of the account will include mutual funds, exchange-traded funds, or other investments that have additional fees and expenses as noted in the pro- spectus. Client acknowledges understanding that these expenses are paid by the funds but ultimately paid by the Client. Client also under- stands that fees may be negotiated and that comparable services may be available at a lower fee from other providers.In addition to Advisor’s Advisory Fee the Client shall also incur: [1] charges imposed directly at the fund level (e.g. management fees, internal fees and other fund expenses) charged by mutual fund and exchange traded fund investments; [2] all transaction and recurring fees and ex- penses charged by the Custodian (as described in the Account Transaction section below). Advisor shall not be compensated on the basis of a share of capital gains on or capital appreciation of the funds or any portion of the funds of Client.
    Either party may terminate this Agreement upon five (5) business days written notice to the other by certified or registered mail to the address set forth above without any penalty.If terminated after five (5) business days the Advisor will rebate the unearned portion of the Advisory Fee that has been paid.

    Termination of this Agreement will not affect: (i) the validity of any action previously taken by Advisor under this Agreement; (ii) liabilities or obligations of the parties from transactions initiated before termination of this Agreement; or (iii) Client’s obligation to pay Advisory fees (prorated through the date of termination). Upon the termination of this Agreement, Advisor will have no obligation to recommend or take any action with regard to the securities, cash or other investments in the Account.

    Advisor is an investment advisor registered with the Securities and Exchange Commission. Client acknowledges receipt of Advisor’s ADV Part 2A, 2B & 3. As stated above, the Client may terminate this Agreement within five business days of execution without any fees and penalties.
    The parties agree that they will make a good faith effort to resolve any controversy or claim arising out of or relating to this Agreement. If both parties cannot resolve the issue(s) raised through negotiations or voluntary mediation agreed upon post-dispute, the parties agree that any controversy or claim arising out of or relating to this Agreement shall be settled by arbitration in accordance with the Securities Arbitration Rules of the American Arbitration Association. All parties agree that arbitration proceedings will take place in the State of Washington, or in the state where the client resides when this Agreement was executed. Judgment upon the award rendered by the arbitrators may be entered in an appropriate court having jurisdiction. Client understands that this arbitration clause does not constitute a waiver of Client's rights under the Investment Act of 1940 or under any laws Washington, including the right to choose the forum, whether arbitration or adjudication, in which Client may seek dispute resolution. Arbitration shall be commenced by Client sending or receiving a written notice of intention to arbi- trate with Client's election of the arbitration tribunal, and a written statement explaining why the mediation process described above was not successful. Client understands that this section may not be enforceable in all jurisdictions. It is requested that the arbitration proceeding be heard in front of a panel of three qualified arbitrators. In the event Client does not make such a designation within (5) days of such notice, then Client authorizes Advisor to do so on Client's behalf.
    The death, disability or incompetency of Client will not terminate or change the terms of this Agreement. However, Client’s executor, guardian, attorney-in-fact or other authorized representative may terminate this Agreement by giving written notice to Advisor. Client recognizes that the Custodian may not permit any further Account transactions until such time as any documentation required is provided to the Custodian and Client will not hold Advisor responsible for any losses that occur from the inability to effect trades during the time where access to accounts is blocked by the Custodian.
    Advisor, its officers, employees and agents may have or take the same or similar positions in specific investments for their own accounts, or for the accounts of other clients, as the Advisor does for Client. Client expressly acknowledges and understands that Advisor shall be free to ren- der investment advice to others and that Advisor does not make its investment management services available exclusively to Client. Nothing in this Agreement shall impose upon Advisor any obligation to purchase or sell, or to recommend for purchase or sale, for the Account, any securi- ty which Advisor, its principals, members, affiliates or employees, may purchase or sell from their own accounts or for the account of any other client. As an investment advisor registered with the Securities and Exchange Commission, Advisor has a fiduciary duty to act in the best inter- est of the client.
    If this Agreement is between Advisor and related clients (i.e. Client 1 and Client 2, husband and wife, life partners, etc.), Advisor’s services shall be based upon the joint goals communicated to the Advisor. Advisor shall be permitted to rely upon instructions from either party with respect to the Assets, unless and until such reliance is revoked in writing to Advisor. Advisor shall not be responsible for any claims or damages result- ing from such reliance or from any change in the status of the relationship between the Clients.
    By signing this Agreement, the Client authorizes the Advisor to deliver, and the Client agrees to accept, all required regulatory notices and dis- closures via electronic mail, as well as all other correspondence from the Advisor. Advisor 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 Advisor’s web site or online portal). Client may opt out of any electronic delivery by checking the appropriate box in the Electronic Delivery Opt Out section above or in other forms of writing to the Advisor.
    Any term or provision of this Agreement which is invalid or unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such invalidity or unenforceability without rendering invalid or unenforceable the remaining terms or provisions of this Agreement or affecting the validity or enforceability of any of the terms or provisions of this Agreement in any other jurisdiction.
    Advisor and/or the Account custodian will provide Client with periodic reports for the Account. In the event that the Advisor provides supple- mental Account reports which include assets for which the Advisor does not have investment management authority (discretionary or non- discretionary), the Client acknowledges the reporting is provided as an accommodation only, and does not include investment management, review, or monitoring services, nor investment recommendations or advice. Advisor may also provide performance reports to the Clients. Cli- ent further understands that there may be a difference in the values noted on the statements received from the Custodian from the values not- ed on the Advisor performance reports and invoices. This difference may be attributable to settlement date versus trade date accounting. Cli- ent should refer to the values shown on the Custodian statement for the actual value of their holdings.
    Client recognizes and agrees that in order for Advisor to perform its responsibilities, it must engage in securities brokerage transactions de- scribed above in the Scope of Engagement section. Client agrees that commissions and/or transaction fees are generally charged for effecting securities transactions; and that Custodian or brokerage commissions and/or transaction fees charged to Client for securities brokerage trans- actions are exclusive of, and in addition to, Advisor’s compensation as defined in the Advisory Fee and Fees section above.
    Client acknowledges that they have all requisite legal authority to execute this Agreement, and that there are no encumbrances on the Assets. Client correspondingly agrees to immediately notify Advisor, in writing, in the event that either of these representations should change. The Client specifically represents that: (A.) If Client is an individual, he/she: (1) is of legal age and capacity, (2) has full authority and power to re- tain Advisor, (3) the execution of this Agreement will not violate any law or obligation applicable to the Client, and, (4) the Client owns the As- sets, without restriction; (B.) If Client is an entity, it: (1) is validly organized under the laws of applicable jurisdictions, (2) has full authority and power to retain Advisor , (3) the execution of this Agreement will not violate any law or obligation applicable to the Client, and, (4) the Client owns the Assets without restriction; and (C.) If Client is a retirement plan (“Plan”) organized under the Employment Retirement Income Security Act of 1974 (“ERISA”), the Plan represents that it is validly organized and is the beneficial owner of the Assets. The only source of compensa- tion to Advisor under this Agreement shall be the fee paid to Advisor by the Plan. The Plan further represents that Advisor has been furnished true and complete copies of all documents establishing and governing the Plan and evidencing Plan’s authority to retain Advisor. The Plan will furnish promptly to Advisor any amendments and further agrees that, if any amendment affects the rights or obligations of Advisor, such amendment will not be binding on Advisor until agreed to by Advisor in writing. If the Assets contain only a part of the investments of the Plan’s assets, the Plan understands that Advisor will have no responsibility for the diversification of all of the Plan’s assets, and that Advisor will have no duty, responsibility or liability for Plan investments that are not part of the Assets.
    (a) Neither party hereto may assign, convey, or otherwise transfer any of its rights, obligations, or interests herein without the prior written consent of the other party.
    (b) This Agreement may be amended or revised only by an instrument in writing signed by Client and by a member of Advisor.
    (c) No provision hereof or breach of any provision may be waived or discharged except by a written agreement of the party from whom the waiver or discharge is sought. No waiver of any breach hereof shall in any way be construed to be a waiver of any future or subse- quent breach.
    (d) The validity of this Agreement and of any of its terms or provisions, as well as the rights and duties of the parties hereunder, shall be governed by the laws of the State of Washington or the state of residence of the Client at the time this Agreement was executed.
    (e) Advisor will not vote proxies on behalf of Client.

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