Robert W. Baird & Co. Incorporated
Financial Planning Agreement Page 3 Rev. 12/07/2015
been delivered to Client. Client should read those documents
carefully.
If Client opens one or more accounts with Baird relating to the
services provided under this Agreement (each, an “Account”), client
understands, acknowledges and agrees that each such Account and
each Account that Client may open in the future are subject to the
terms and conditions of this Agreement and Client’s Client
Relationship Agreement with Baird.
Client understands, acknowledges and agrees that the Baird Brochure
and each other document, schedule or form reflecting Client’s
program or service selections provided by Baird to Client now or in
the future, is a part of this Agreement and incorporated herein by
reference. By obtaining the Services, Client agrees to be bound by all
of the applicable terms and conditions contained in those documents.
If Client engages Baird to provide brokerage or advisory services in
addition to the preparation of a Plan or provision of Services, Baird
will earn additional compensation in the form of fees and/or
commissions. Thus, any recommendation to use Baird to implement
the Plan or other recommendations made pursuant to the Services
presents a conflict of interest. Additional information about conflicts
of interest is contained in the Baird Brochure.
It is Baird’s policy to protect the privacy of clients that share personal
and financial information with Baird in the course of receiving
financial services from Baird. Baird treats Client information as
confidential and recognizes the importance of protecting access to it.
Client should refer to the document entitled “Baird’s Privacy
Statement”, which has been provided to Client, for more information.
5. Limitation of Liability
Client understands that investing involves risks that are borne solely
by Client. Client acknowledges and agrees that Baird does not in any
way guarantee Client’s accounts against any loss or decline in value,
nor does Baird make any representation or commitment whatsoever
as to the performance, yield or return of Client’s accounts. Baird’s
recommendations are based in part upon the use of forward looking
projections, which in turn are based upon certain assumptions about
how markets will perform in the future. Client understands that there
is no guarantee that markets will perform in the manner assumed and
the actual performance of markets and Client’s investments could
differ materially from those assumptions.
CLIENT AGREES THAT NONE OF BAIRD, ITS AFFILIATES, OR ANY OF
THEIR RESPECTIVE CURRENT OR FORMER OFFICERS, DIRECTORS,
AGENTS, OR EMPLOYEES (EACH, A “COVERED BAIRD PARTY”) SHALL
BE LIABLE TO CLIENT OR ANY OTHER PERSON FOR: (I) ANY ACT OR
FAILURE TO ACT, OR FOR ANY ERRORS OF JUDGMENT, BY A COVERED
BAIRD PARTY, EXCEPT TO THE EXTENT A COURT OR ARBITRATOR OF
COMPETENT JURISDICTION HAS DETERMINED SUCH COVERED BAIRD
PARTY TO HAVE BEEN NEGLIGENT, BREACHED A DUTY TO CLIENT, OR
VIOLATED APPLICABLE LAW; (II) ANY ACT OR FAILURE TO ACT BY
CLIENT OR AN AGENT OF CLIENT; (III) ANY MISSTATEMENTS IN, OR
OMISSIONS FROM, DOCUMENTS PROVIDED TO CLIENT THAT WERE
NOT PREPARED OR APPROVED BY BAIRD; (IV) ANY ACT OR FAILURE
TO ACT BY A COVERED BAIRD PARTY IN RELIANCE UPON
INSTRUCTIONS REASONABLY BELIEVED BY A BAIRD COVERED PARTY
TO HAVE BEEN PROVIDED BY CLIENT OR AN AGENT OF CLIENT; (V)
CONSEQUENTIAL DAMAGES ARISING OUT OF THIS AGREEMENT OR
ANY SERVICE A COVERED BAIRD PARTY PROVIDES TO CLIENT; OR (VI)
ANY LOSSES CAUSED DIRECTLY OR INDIRECTLY BY GOVERNMENT
RESTRICTIONS, EXCHANGE OR MARKET RULINGS, SUSPENSIONS OF
TRADING, ACTS OF WAR, TERRORISM, STRIKES, POWER OUTAGES, OR
OTHER EVENTS OR CONDITIONS BEYOND A COVERED BAIRD PARTY’S
REASONABLE CONTROL.
Nothing in this Agreement shall constitute a waiver or limitation of
any rights that the parties may have under applicable law, including
securities laws, ERISA or the IRC (if applicable), or rules or regulations
of self-regulatory organizations of which Baird is a member.
6. Arbitration Agreement
This Agreement contains a pre-dispute arbitration clause. By signing
an arbitration agreement, the parties agree as follows:
• ALL PARTIES TO THIS AGREEMENT ARE GIVING UP THE RIGHT TO
SUE EACH OTHER IN COURT, INCLUDING THE RIGHT TO A TRIAL
BY JURY, EXCEPT AS PROVIDED BY THE RULES OF THE
ARBITRATION FORUM IN WHICH A CLAIM IS FILED.
• ARBITRATION AWARDS ARE GENERALLY FINAL AND BINDING; A
PARTY’S ABILITY TO HAVE A COURT REVERSE OR MODIFY AN
ARBITRATION AWARD IS VERY LIMITED.
• THE ABILITY OF THE PARTIES TO OBTAIN DOCUMENTS, WITNESS
STATEMENTS AND OTHER DISCOVERY IS GENERALLY MORE
LIMITED IN ARBITRATION THAN IN COURT PROCEEDINGS.
• THE ARBITRATORS DO NOT HAVE TO EXPLAIN THE REASON(S)
FOR THEIR AWARD UNLESS, IN AN ELIGIBLE CASE, A JOINT
REQUEST FOR AN EXPLAINED DECISION HAS BEEN SUBMITTED
BY ALL PARTIES TO THE PANEL AT LEAST 20 DAYS PRIOR TO THE
FIRST SCHEDULED HEARING DATE.
• THE PANEL OF ARBITRATORS MAY INCLUDE A MINORITY OF
ARBITRATORS WHO WERE OR ARE AFFILIATED WITH THE
SECURITIES INDUSTRY.
• THE RULES OF SOME ARBITRATION FORUMS MAY IMPOSE TIME
LIMITS FOR BRINGING A CLAIM IN ARBITRATION. IN SOME
CASES, A CLAIM THAT IS INELIGIBLE FOR ARBITRATION MAY BE
BROUGHT IN COURT.
• THE RULES OF THE ARBITRATION FORUM IN WHICH THE CLAIM
IS FILED, AND ANY AMENDMENTS THERETO, SHALL BE
INCORPORATED IN THIS AGREEMENT.
Client and Baird agree that any claim or controversy between Client
or Agents of Client on the one hand, and Baird or any of Baird’s
present or former officers, directors, agents or employees on the
other hand, shall be settled by arbitration.
This Arbitration Agreement shall apply to any claim, controversy or
issue arising from events that occurred prior to, on, or subsequent to
the execution of this Arbitration Agreement concerning or relating to:
(i) any Baird account; (ii) any transaction between the parties
described herein whether or not such transaction occurred in a Baird
account; (iii) the construction, performance or breach of this
Agreement or any other agreement between Client and Baird; or (iv)
the services provided, or any duty or obligation owed to Client, by
Baird or any of its present or former officers, directors, agents or
employees.
This Arbitration Agreement shall be interpreted according to the laws
of the State of Wisconsin. Any arbitration under this Arbitration