Terms and Conditions
This agreement (the “Agreement”) confirms the agreement between you (the “Client”) and Divorce Money Strategies LLC and Elina Cannon, CDFA, (the “Consultant”). The Client retains and employs the Consultant to provide continuous non-binding divorce financial consulting services to the Client. The “Client” and the “Consultant” are sometimes referred to herein individually as a “Party” and collectively as the “Parties.”
NOW THEREFORE, in consideration of the above and subject to the terms and conditions stated herein, the Parties agree as follows:
SCOPE OF SERVICES: Subject to the provisions of this Agreement, the Client hereby agrees to engage the services of the Consultant, and the Consultant agrees to provide their services in accordance with and subject to the provisions of this Agreement. The Consultant will help Client analyze financial issues related to their divorce (the “Services”). Depending on Client’s financial and personal position, the Services could include creating a balance sheet, spending and budgetary analysis, evaluation of short- and long- term financial effects of any proposed divorce settlements, giving options for division of assets and providing testimony if necessary.
FEE FOR SERVICES: Consultant cannot predict the amount of time that will be spent on, or the expenses incurred on, the Client's case. Client has the option of services provided on a fixed-fee basis or an hourly rate. Specific fees for services will be discussed and agreed upon by the Parties. Client agrees that these fees are reasonable on the basis of the Consultant’s training, education, experience, and the difficulty, intricacy, importance, and time and skill required to perform the work to be done.
OBLIGATION TO PROVIDE ACCURATE DATA: The Client agrees to provide the Consultant with all accurate, reliable and complete financial statements and information. The Client understands that the Consultant will rely exclusively on such information provided. Consequently, the Client agrees that the Consultant or its CDFA professionals are NOT accountable for any errors or omissions in their work product resulting from Client failure to provide complete, accurate, and reliable financial information.
INDEPENDENT LEGAL ADVICE: Consultant is not an attorney, nor licensed to practice law. Consultant does not provide legal advice or prepare legal documentation. Consultant provides supporting financial information and evaluations to be utilized by the Client and the Client’s family law attorney. Discussions can relate to legal issues and should be interpreted as non-legal opinions, or simply things to consider. If legal advice is desired, consult an attorney. Additionally, there is no such thing as “CDFA-Client Privilege”. Privilege is a legal right to keep some kinds of communications confidential and exempt from disclosure—such as communications between attorney and client. No such right exists between a CDFA professional and his/her client.
INDEPENDENT TAX ADVICE: Consultant specifically is not providing tax advice, although questions relating to tax matters may very well come up during the course of the case. Consultant is not a CPA, nor a tax professional. Discussions can and do involve accounting and presentation of financial results and projections. When tax advice is requested, Client agrees to seek tax advice elsewhere, and to hold Consultant harmless from any tax effects. Client further acknowledges that the Consultant is not a tax advisor and is not authorized to provide tax advice nor prepare or amend tax returns. In compliance with regulations issued by the Internal Revenue Service, any federal tax reference contained in any communication with or from Consultant is not intended to be used and may not be used by any person to avoid any penalties under the Internal Revenue Code (IRS Circular 230).
CONSULTANT SERVICES: The Services performed by Consultant are provided “as is”. Nothing in this agreement and in the Consultant's statements to the Client shall be construed as a promise or guarantee about the outcome of the matter. Consultant makes no such promises or guarantees. Consultant’s comments about the outcome of matters are expressions of opinion only. Client maintains control of all decisions and should reject advice that they do not agree with. Consultant cannot control future events, therefore cannot be responsible for long term outcomes of business or financial strategies.
INDEMNIFICATION and LIMITATION OF LIABILITY: The Consultant will give the Client the benefit of its best judgment and efforts in rendering these services to the Client, and it is agreed as an inducement to its undertaking these services at the fees set forth herein that the Consultant, its affiliates and their respective principals, officers, directors, members, partners, shareholders, agents and employees (collectively, the “Indemnitees”) shall not be liable hereunder for any expenses, losses, lost profits, or for special, incidental, indirect, punitive, consequential, or exemplary damages, liabilities, demands charges and claims of any kind or nature whatsoever (including without limitation any legal expenses and costs and expenses relation to investigation or defending any demands, charges and claims) (collectively “Losses”) arising out of or in any manner connected with this Agreement or the subject matter hereof, regardless of the form of action and whether or not such party has been informed of, or otherwise might have anticipated, the possibility of such damages; provided, however, that nothing herein shall be deemed to protect or purport to protect an Indemnitee against any liability to the Client which any such person would otherwise be subject by reason of willful or intentional malfeasance, bad faith or gross negligence in the performance by such Indemnitee of its obligations and duties hereunder; provided, however, further that if the
the Client shall reimburse, indemnify and hold harmless the Indemnitees for, from and against any and all Losses (i) relating to this Agreement arising out of any inaccuracy in or breach of any representation, warranty, covenant or agreement set forth in this Agreement or any act or omission or alleged act or omission, in each of the foregoing cases on the part of the Client or any of its agents; (ii) resulting from following the Client’s or its agent’s directions or failing to follow the Client’s or its agent’s unlawful or unreasonable directions, (iii) resulting from the failure of anyone not controlled by the Consultant to perform any obligations for the Client, (iv) resulting from the acts or omissions of the Client’s previous consultants, advisers, custodians, attorneys or agents, or (v) arising or relating to any demand, charge or claim in respect of an Indemnitees’ acts, omissions, transactions, duties, obligations or responsibilities arising pursuant to this Agreement; provided, however, that an Indemnitee shall not be indemnified for Losses resulting by reason of his, her or its willful misfeasance, bad faith or gross negligence in the performance by such Indemnitee of its obligations and duties hereunder. In the event that this indemnification obligation shall be deemed to be unenforceable, whether in whole or in part, such unenforceable portion shall be stricken or modified so as to give effect to this section to the fullest extent permitted by law.