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7. RELATIONSHIP OF PARTIES. It is understood by the parties that Consultant is an
independent contractor with respect to Client, and not an employee of Client. Client will not
provide fringe benefits, including health insurance benefits, paid vacation, or any other employee
benefit, for the benefit of Consultant.
8. DISCLOSURE. Consultant is required to disclose any outside activities or interests that
conflict or may conflict with the best interests of Client. Prompt disclosure is required under this
paragraph if the activity or interest is related, directly or indirectly, to other consulting
relationships that may conflict with this Agreement.
Consultant receives referral fees from many financial institutions. The institutions generally do
not have to pay a business development officer a commission due to the high quality of
Consultant's loan packages (saving them time), therefore they can pay a referral fee without
affecting Client's pricing. The choice of banking relationship remains in the client's hands.
Consultant is not an Attorney, nor licensed to practice law. Discussions can skirt legal issues
and should be interpreted as opinions, or things to consider. If legal advice is desired, consult an
Attorney.
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, contact a
CPA or Tax professional.
Consultant is not an employee of any banking institution. Therefore consultant can not speak
for any particular institution. Financial institutions regularly change their policies and
procedures. Therefore advice should be considered as a general methodology.
Client maintains control of all decisions and should reject advice that they do not agree
with. Client may find that things have changed after they enter a relationship with a bank, or
other business concern.
Consultant can not control future events, therefore cannot be responsible for long term outcomes
of business or financing strategies.
9. EMPLOYEES. Consultant's employees, if any, who perform services for Client under this
Agreement shall also be bound by the provisions of this Agreement.
10. CONFIDENTIALITY. Client recognizes that Consultant has and will have the following
information:
- business affairs; financial information; personal information; future plans;
and other proprietary information (collectively, "Information") which are valuable, special and
unique assets of Client and need to be protected from improper disclosure. In consideration for
the disclosure of the Information, Consultant agrees that Consultant will not at any time or in any
manner, either directly or indirectly, use any Information for Consultant's own benefit, or
divulge, disclose, or communicate in any manner any Information to any third party without the
prior consent of Client. Consultant will protect the Information and treat it as strictly
confidential. A violation of this paragraph shall be a material violation of this Agreement.
11. CONFIDENTIALITY AFTER TERMINATION. The confidentiality provisions of this
Agreement shall remain in full force and effect after the termination of this Agreement.
12. RETURN OF RECORDS. Upon termination of this Agreement, Consultant shall deliver
all records, notes, and data of any nature that are in Consultant's possession or under Consultant's
control and that are Client's property or relate to Client's business.