Coaching Call Terms and Conditions

Client Agreement

This agreement (the “Agreement”) confirms the agreement between you (the “Client”) and Divorce and Your Money (the “Adviser”) for the Adviser to provide continuous non-binding divorce financial advisory services to the Client. The “Client” and the “Adviser” 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 Adviser, and the Adviser agrees to provide their services in accordance with and subject to the provisions of this Agreement. The Adviser 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.

Adviser 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 client.

Client agrees that these fees are reasonable on the basis of the Adviser’s ability, training, education, experience, professional standing and skill, and the difficulty, intricacy, importance, and time and skill required to perform the work to be done.

It is understood by Client that ALL time expended by personnel in the Adviser’s office on Client’s case should be expected to be billed at the rate for those personnel. It is not possible to list all the work that may be required in working on Client’s case, but it is understood that such work (by partners, CPAs and assistants) includes time spent on phone calls to or from Client, or on Client’s behalf, reviewing or handling incoming documents from Client or any third party, and drafting, preparing, editing, reviewing, etc., projections, analysis, letters, documents, or materials, etc., performing research, travel to or from hearings or meetings, depositions, time actually spent in such hearings and meetings (including time spent waiting for the matter to be called) and any other activities related to Client’s matter.

In addition to the Adviser´s fees the Client  must pay the following costs: (i) Filing fees; (ii) Service fees; (iii) Transcripts; (iv) Messenger services; (v) Photocopying; (vi) Telephone calls; (vii) Expert fees; (viii) Postage; and other similar fees incurred by Advisor in performing the Services.

Adviser shall be entitled to reimbursement from Client for the following “out-of-pocket” expenses: travel expenses and travel related meals.

Under certain circumstances, more than one member of Adviser’s staff may work on a matter for Client simultaneously, in which case both members of Adviser ’s staff will bill for their time spent. The same rules apply to sequential or duplicative work.

Notwithstanding the expectation that all time spent on Client’s case will be billed, Adviser may, at Adviser’s discretion, elect to “write off” or “no charge” certain time actually expended by partners or CPAs or assistants on Client’s behalf. Client acknowledges being on notice that any such write-offs are discretionary by Adviser, and are expressly contingent on there being no dispute regarding payment of the remaining items billed to the Client.  The Parties agree that all costs, expenses, and fees for advisory services initially billed as “no charge” or “written off” will be added to the invoice and considered due and payable in full in the event of a formal dispute or adjudication of a lien, regarding Client’s bill.

The hourly fees quoted are subject to increase or adjustment from time to time. Adviser will give notice in writing at least thirty days prior to any increase in hourly fees. If Client does not wish to be charged at the new rates, Client agrees to pay Adviser in full for Services up to the date of the expected increase and terminate representation by Adviser. Client understands that if Adviser continues to represent Client past the date of the increase, the new fees will be in effect and Client agrees to pay those increased fees for all Services rendered thereafter. Likewise, Adviser may modify other terms of this Agreement, similarly notifying Client thirty days in advance of the change, and with the same options for Client to terminate representation, and the same result (the new Agreement goes into effect) if Client does not terminate representation and Adviser continues to represent Client past the date of the proposed change.

• Suspension of Services.

If the Client has exhausted the Retainer and fails to make payments when due or otherwise is in breach of this Agreement, the Adviser may suspend performance of services upon thirty days’ notice to the Client. The Adviser shall have no liability whatsoever to the Client for any costs or damages as a result of such suspension caused by any breach of this Agreement by the Client. Upon payment in full by the Client of all amounts then due, the Adviser shall resume providing the Services under this Agreement, and the time schedule and compensation shall be equitably adjusted to compensate for the period of suspension plus any other reasonable time and expense necessary for the Adviser to resume performance.  Adviser, at Adviser’s sole option, may elect to require an additional Retainer from Client rather than bill Client monthly for the Services performed.    

• Responsibilities of the Parties.

1. Client Responsibilities

• The Client must cooperate fully and agrees to be truthful with the Adviser.
• The Client must provide Adviser with complete and accurate data and any other information relevant to Client’s matter.
• The Client must communicate with the Adviser on a regular basis, and agrees to keep Adviser updated on their personal information and whereabouts.
• The Client understands that they must disclose all relevant data and other information regardless of whether or not it has specifically been asked for.
• The Client agrees to pay advisers bills for costs on time.
• The Client must inform and provide to the Adviser all information that is relevant to the issues, and to notify Adviser of any developments which may come to the Client´s attention.

1. Adviser Responsibilities

The adviser will provide their services reasonably required to represent the Client in performing the Services as set forth in Section 1 and will take reasonable steps to keep client informed of the progress and developments, and to respond promptly to inquiries and communications.

Client represents and warrants that they have not omitted any financial information or documents or any other data and all data and information submitted to Adviser is complete and accurate.  Client acknowledged that the Adviser relies exclusively on the information provided by Client and the Adviser is not responsible or liable for any errors or omissions that result from the failure of Client to provide Adviser with complete, accurate and reliable information.    

 

• Relationship of Parties.

It is understood by the parties that Adviser is an independent contractor with respect to Client, and not an employee of the Client.

• Confidentiality.

The parties acknowledge that the Adviser may acquire Client’s proprietary or confidential information (any information that is, during the term of this Agreement, of a confidential nature and not a matter of common knowledge, including but not limited to personal financial information, business, marketing, technical, financial and scientific information, designs, drawings, and other communicable information that is valuable to the Client or to any third party, in whatever form owned by the Client or any of its affiliates and provided by the Client to the Adviser,  directly or indirectly, including, but not limited to, its business plans and operations, financial models or practices, manpower planning, business relationships, partnerships or joint ventures, on or after the date of this Agreement, processes, intentions, know-how, concepts, ideas, patents, copyright, trade secrets, market opportunities, client and supplier information, costs, prices, budgets, research, development, corporate organization information, corporate or financial information, product specifications and descriptions, marketing materials and techniques, agreements and other legal documents,  and any other information or data of any kind whether recorded or transmitted in physical, electronic, written or oral or any other form), all of which is referred to herein as “Confidential Information.”

Confidential Information shall not include information that: i) is or becomes a matter of public knowledge or is legally available through no fault of or action by the Adviser ; (ii) was rightfully in the Adviser’s possession prior to receipt from the Client ; (iii) subsequent to disclosure, is rightfully obtained by the Adviser  from a third party who is lawfully in possession of such information without restriction; (iv) is independently developed by the Adviser  without resort to information which is confidential under this Agreement, and can so be proven by written records; or (v) is required by law or judicial order in response to a valid order from a U.S. court or other governmental body with appropriate jurisdiction, provided that prior written notice of such required disclosure is furnished to the Client as soon as practicable in order to afford to the Client an opportunity to seek a protective order and that if such order cannot be obtained disclosure may be made without liability.

Adviser may only use Confidential Information in connection with the services. Adviser will not use any Confidential Information for the benefit of anyone other than Client. Adviser will not copy, reprint, duplicate, summarize or recreate in whole or in part, alone or in combination with anything else, the Confidential Information.

At the request of Client, the Adviser will promptly redeliver to the Client all written or electronic copies of Confidential Information, derivatives, and any or any other written or electronic copies of material containing or reflecting Confidential Information or derivatives and will not retain any copies thereof.  The Confidential Information may be provided to other professionals that the Adviser works with in performing the Services.

The confidentiality provisions of this Agreement shall remain in full force and effect after the termination of this Agreement.

• Indemnification and Limitation of Liability.  

The Adviser 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 Adviser, 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 Adviser is registered as an investment adviser with the Securities and Exchange Commission, nothing herein shall be deemed to constitute a waiver or limitation of any rights which the Client may have against the Adviser under any federal securities laws, even in circumstances where the Adviser’s actions were taken in good faith.

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 Adviser to perform any obligations for the Client, (iv) resulting from the acts or omissions of the Advisory Client’s previous 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.

• Disclaimer.

Adviser provides supporting financial information and evaluations to be utilized by client and the client’s selected attorney(s).

Adviser is not an Attorney, nor licensed to practice law. Adviser does not provide legal advice. Discussions can skirt legal issues and should be interpreted as opinions, or things to consider. If legal advice is desired, consult an attorney.

Adviser specifically is not providing tax advice, although questions relating to tax matters may very well come up during the course of the case. Adviser 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 Adviser harmless from any tax effects.  Client further acknowledges that the Adviser 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 Adviser 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).

The Services performed by Adviser are provided “as is”.  Nothing in this agreement and in the Adviser´s statements to the Client shall be construed as a promise or guarantee about the outcome of the matter.  Adviser makes no such promises or guarantees.  Adviser’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.

Adviser cannot control future events, therefore cannot be responsible for long term outcomes of business or financial strategies.

• Disclosure of Business and Personal Interests and Waiver of Conflict of Interest.

The Client’s understand Advisers have numerous outside business interests. Additionally, Advisers have relationships with many family law and divorce professionals. It is possible Adviser has or had a professional or social relationship with one or more of the professionals used in this matter. 
The Adviser represents that any such professional or social relationship does not create a conflict of interest that would, in any way, interfere with Advisers neutrality in this matter or affects this matter in any way. The Client hereby acknowledge that she/he has been informed of the business and personal Interests of the Adviser and that Client has had the opportunity to inquire about any and all business and social relationships. By executing this agreement, Client acknowledges that they do not believe that any of the Adviser business or social relationships create a conflict of interest that would interfere with the Adviser neutrality in this matter or affect the Adviser’s ability to fully discharge his/her duties.  To the extent that any of the relationships described herein could be perceived as creating a conflict of interest, Client hereby waives any and all objections to any conflict created by these relationships. 


• Term and Termination.

This Agreement shall continue indefinitely, except that any party may terminate the Agreement effective at any time upon thirty days prior written notice to the other party.

Adviser may withdraw with client’s consent or for good cause. Good cause includes client’s breach of this agreement, refusal to cooperate or to follow adviser’s advice on a material matter or any fact or circumstance that would render advisers continuing representation unlawful or unethical.  When adviser’s services conclude, all unpaid charges will immediately become due and payable.

• Change in Representations.

If any of the Client’s representations changes, the Client will promptly notify the Adviser of the facts pertaining to such changed circumstances and Client’s new representation.

• Entire Agreement.  

This Agreement sets out the entire Agreement between the Parties. Neither party has entered into this Agreement in reliance upon any representation, warranty or undertaking of the other party that is not expressly set out or referred to in this Agreement. This Clause shall not exclude any liability for fraudulent misrepresentation.

• Amendments.

This Agreement may not be varied except by Agreement of the Parties in writing. This Agreement supersedes any and all other Agreements, either oral or written, between Client and the Adviser with respect to the subject matter hereof, and contains all of the covenants and Agreements between the parties relating in any way to the services provided by the Adviser for the Client.

• Effect of Invalid or Unenforceable Provisions.

If any provision of this Agreement is held by any court or other competent authority to be invalid or unenforceable in whole or in part, this Agreement shall continue to be valid as to its other provisions and the remainder of the affected provision, unless it can be concluded from the circumstances that (in the absence of the provision found to be null and void) the Parties would not have concluded this Agreement. The Parties shall use all reasonable efforts to replace all provisions found to be null and void by provisions that are valid under the applicable law and come closest to their original intention.

• Governing Law.

THIS AGREEMENT SHALL BE GOVERNED BY, AND CONSTRUED IN ACCORDANCE WITH, THE LAWS OF THE STATE OF TEXAS IRRESPECTIVE OF THE PRINCIPAL PLACE OF BUSINESS, RESIDENCE OR DOMICILE OF THE PARTIES AMONG WHOM IT IS MADE.  ANY LEGAL ACTION OR PROCEEDING ARISING UNDER THIS AGREEMENT WILL BE BROUGHT EXCLUSIVELY IN THE FEDERAL OR STATE COURTS LOCATED IN DALLAS COUNTY, STATE OF TEXAS AND THE PARTIES HEREBY IRREVOCABLY CONSENT TO THE PERSONAL JURISDICTION AND VENUE THEREIN.

The parties have read and understood the foregoing terms and agree to them as of the date adviser first provided services.  

By booking an appointment, you are indicating you agree to the terms and conditions set forth above.