©2020 Charles Schwab & Co., Inc. All rights reserved. Member SIPC. CC3994119 (0620-0A9Z) APP20272-23 (06/20)
Page 1 of 2Education Savings Account Application Agreement
This agreement relates to your account and is part of the Account Agreement between each account holder and Charles
Schwab & Co., Inc. (“Schwab”). Please read and retain for your records.
Section 1: Scope of Agreement. Your agree-
ment with Schwab consists of the terms set
forth in this Application Agreement and the
terms set forth in the Education Savings
Account Plan, the Schwab IRA and ESA Account
Agreement, which incorporates the Charles
Schwab Pricing Guide and a number of other
important disclosures. The Education Savings
Account Plan and the Schwab IRA and ESA
Account Agreement are provided with this
Application or at the opening of your Account.
You agree to contact Schwab if you do not
receive the Education Savings Account Plan and
the Schwab IRA and ESA Account Agreement.
In addition, you may in the future receive from
Schwab supplemental terms or disclosures that
pertain to certain account types, service
features and benet packages. These supple-
mental terms and disclosures, this Application
Agreement, the Education Savings Account Plan,
and the Schwab IRA and ESA Account Agree-
ment are collectively referred to as the
Agreement and Disclosures. You agree to read
the Agreement and Disclosures carefully and
retain copies for your records.
Section 2: Acceptance of Agreements and
Disclosures. You agree that the Agreement and
Disclosures govern all aspects of your relation-
ship with Schwab, including all transactions
between Schwab and you and all products and
services now or in the future offered through
Schwab. Schwab may rely on your use of
Schwab’s products and services as evidence of
your continued acceptance of the Agreement
and Disclosures.
Section 3: Your Representations and Warranties.
You represent and warrant that: (a) you are of
legal age in the state in which you live and you
are authorized to enter into this Agreement;
(b) you have supplied accurate information in
your Account Application; (c) no additional
authorizations from third parties are required for
you to open the Account and effect transactions
therein; (d) except as you have otherwise
indicated on your Account Application or in
writing to us, (i) you are not an employee of or
afliated with any securities exchange or member
rm of any exchange, the Financial Industry
Regulatory Authority (FINRA), or any securities
rm, bank, trust company, or insurance
company; and (ii) you are not a director, 10%
benecial shareholder, policy-making ofcer, or
otherwise an “afliate” (as dened in Rule 144
under the Securities Act of 1933) of a publicly
traded company; and (e) this Application
Agreement, as amended from time to time, is a
legal, valid and binding obligation, enforceable
against you in accordance with its terms.
Section 4: Account Handling. Schwab will
automatically hold of all your securities pur-
chased, sales proceeds, dividends and interest.
Schwab will also release your name, address and
securities positions to companies in which we
hold securities for your Account upon request,
unless you notify us otherwise in writing.
Section 5: Responsibility for Investment
Decisions. You agree that you and any agent
under a power of attorney or Investment Advisor
(if you have one) are solely responsible for
investment decisions in your Account, including
whether to buy or sell a particular security.
Unless required by law, or unless Schwab
provides advice to you that is clearly identied
as an individualized recommendation for you,
you understand that Schwab has no obligation
to determine whether a particular transaction,
strategy, or purchase or sale of a security is in
your best interest. Your obligation includes an
afrmative duty to monitor and stay informed
about your Account and your investments and
respond to changes as you deem appropriate.
Unless we otherwise agree with you in writing,
Schwab does not monitor your account(s) or
investments and has no obligation to update an
investment recommendation, nancial advice, or
nancial plan we may give you. Such recommen-
dation, nancial advice, or nancial plan only
applies at the point in time we provide it to you.
You acknowledge that Schwab does not provide
tax or legal advice.
Section 6: Payment of Indebtedness. You agree
to make payment of any indebtedness related to
your Account, including, but not limited to, any
such indebtedness that results from instruc-
tions provided to Schwab by you, your agent or
any attorney-in-fact under a power of attorney or
Investment Advisor authorized to make
transactions in your Account. We may elect
anytime, with or without notice, to make any
debit balance or other obligation related to your
Account immediately due and payable. We may
report any past-due account to a consumer and/
or securities credit reporting agency. We may
also refer your Account to a collection agency.
Section 7: Liquidations. Whenever it is
necessary, for our protection, to satisfy a debit
in your Account or an obligation owed us with
respect to your Account (including the payment
of any fees and expenses relating to your
Account that are assessed from your Account),
you authorize and direct Schwab to sell, assign
and deliver all or any part of the property in your
Account or close any or all transactions in your
Account or restrict activity in your Account as
may be necessary from time to time to satisfy
any such debit or obligation. You further
authorize and direct us to choose which property
to buy or sell, which transactions to close, and
the sequence and timing of liquidation. We may
take such actions on whatever exchange or
market and in whatever manner (including public
auction or private sale) that we choose in the
exercise of our business judgment pursuant to
this direction. You agree not to hold us liable for
the choice of which property to buy or sell or
which transactions to close, for the timing or
manner of liquidation, or for any tax conse-
quences from such actions pursuant to this
direction. This serves as your direction and
authorization to us, without any additional notice
to you. No demand or notice shall impose on
Schwab any obligation to make such demand or
provide such notice to you in the future. Any
such notice or demand is hereby expressly
waived, and no specic demand or notice shall
invalidate this waiver.
Section 8: Verification. You authorize Schwab
to inquire from any source, including a consumer
reporting agency, as to the identity (as required
by law), creditworthiness and ongoing eligibility
for the Account of the Account Holders, any
other person referred to on this Application, or
any person whom Schwab is later notied is
associated with or has an interest in the
Account (as well as such persons’ spouses if
they live in a community property jurisdiction) at
account opening, at any time throughout the life
of the Account, and thereafter for debt
collection or investigative purposes.
Section 9: Required Arbitration Disclosures.
Regulatory authorities require that any brokerage
agreement containing a predispute arbitration
agreement must disclose that this agreement
contains a predispute arbitration clause. This
Agreement contains a predispute 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 led.
• Arbitration awards are generally nal 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 rst scheduled
hearing date.
• The panel of arbitrators will typically include
a minority of arbitrators who were or are
afliated 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 led, and any amendments thereto,
shall be incorporated into this Agreement.
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