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I warrant and confirm that the information that has been given is true and correct to the best of my knowledge and that I have freely and voluntarily provided such information for the purposes of furthering the determination of viability and suitability of implementing the financial strategy known as The Smith Manoeuvre and further consent that this request to be directly connected with a Smith Manoeuvre Certified Ambassador or Smith Manoeuvre Certified Professional(s) as I have indicated in this submission form may be directed to any such Smith Manoeuvre Certified Ambassador or Smith Manoeuvre Certified Professional(s) within the Smith Consulting Group Ltd. network at the sole discretion of Smith Consulting Group Ltd.
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WARNING: BY SIGNING THIS DOCUMENT YOU WILL WAIVE AND RELEASE CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE OR CLAIM COMPENSATION FOR CERTAIN LOSSES OR DAMAGES. YOU MUST READ THIS DOCUMENT VERY CAREFULLY BEFORE SIGNING IT.
TO: Smith Consulting Group Ltd. (“Smith Group”)
The Client wishes to receive certain guidance, education, financial advisory services, including, without limitation, advice in relation to the tax planning strategy known as the “Smith Manoeuvre” (the “Services”), and Smith Group has agreed to refer the Client to a Smith Manoeuvre Certified Ambassador or Smith Manoeuvre Certified Professional(s) who will provide the Services.
In consideration for Smith Group referring the Client to the Smith Manoeuvre Certified Ambassador or Smith Manoeuvre Certified Professional(s), the Client has executed and delivered this Acknowledgement, Waiver and Release to Smith Group.
THIS ACKNOWLEDGEMENT, WAIVER AND RELEASE WITNESSES THAT:
1. The Client acknowledges and agrees that: (i) all Services will be provided exclusively by the Smith Manoeuvre Certified Ambassador or Smith Manoeuvre Certified Professional(s), who is/are an independent third party educator and/or financial professional carrying on business separately from Smith Group; (ii) Smith Group has provided a referral and introduction to the Smith Manoeuvre Certified Ambassador or Smith Manoeuvre Certified Professional(s) only, and will not be responsible or liable in any way for any advice or recommendations made by the Smith Manoeuvre Certified Ambassador or Smith Manoeuvre Certified Professional(s), or any decisions made or steps taken by the Client on the basis of any such education, advice or recommendations; (iii) Smith Group has not provided, and will not provide, any Services to the Client at any time; (iv) no guarantee or assurance has been made, communicated or offered to the Client with respect to the results that may be obtained from or in connection with the Services; and (v) the Services, and tax planning and leveraged investing strategies generally, inherently involve certain risks that could potentially result in losses or damages to the participants in such strategies, and the Client freely accepts and fully assumes all risks arising out of or in any way connected with the Services, as well as the possibility of any losses or damages arising or resulting therefrom.
2.The Client HEREBY IRREVOCABLY AND UNCONDITIONALLY WAIVES, RELEASES, FOREVER DISCHARGES AND AGREES TO HOLD HARMLESS Smith Group and its directors, officers, parents, subsidiaries, affiliates and employees (collectively, the “Released Parties”) from and against any and all claims, liabilities, causes of action, actions, proceedings, demands, costs and expenses (including, without limitation, legal fees on a solicitor and own client basis) and obligations of any nature and kind whatsoever and howsoever arising, whether foreseeable or not, which may at any time arise out of or relate in any way directly or indirectly to the Services, including, without limitation, any damage, loss, loss of opportunity or business, costs and expenses that the Client may suffer, or that the Client’s heirs, next of kin, executors, administrators, committees, assigns and personal representatives may suffer, as a result of, arising out of, or in any way relating to or connected with the Services due to any cause whatsoever.
3. The Client further acknowledges and agrees that: (i) the Client has read this Acknowledgement, Waiver and Release in its entirety and fully understands and agrees to all of its terms; (ii) the Client has executed and delivered this Acknowledgement, Waiver and Release freely and voluntarily and without any inducement, duress or coercion of any kind; (iii) the Client is 19 years of age or older; (iv) the Client has received independent legal advice with respect to the execution and delivery of this Acknowledgement, Waiver and Release, or has been given the opportunity and ample time to obtain such independent legal advice and has chosen not to do so; and (v) the Client has executed and delivered this Acknowledgement, Waiver and Release to Smith Group prior to receiving any Services from a Smith Manoeuvre Certified Ambassador or Smith Manoeuvre Certified Professional(s) of any kind.
4. This Acknowledgement, Waiver and Release will enure to the benefit of each of the Released Parties, and will be binding upon the Client and each of the Client’s respective heirs, next of kin, executors, administrators, committees, assigns and personal representatives.
5. If any provision of this Acknowledgement, Waiver and Release is held to be invalid or unenforceable, the remainder of this Acknowledgement, Waiver and Release will not be affected by the invalid or unenforceable portion and this Acknowledgement, Waiver and Release will be construed as though it were executed without reference to the invalid or unenforceable portion.
6. This Acknowledgement, Waiver and Release will be governed by and interpreted in accordance with the laws of the Province of British Columbia and the federal laws of Canada applicable in British Columbia, which shall be deemed to be the proper law of this Acknowledgement, Waiver and Release. The Client hereby irrevocably and unconditionally submits and attorns to the original and exclusive jurisdiction of the Courts of British Columbia sitting in Vancouver, British Columbia, with respect to any claims, causes of action or disputes that may arise from, in relation to, or in any way in connection with, any of the Services or this Acknowledgement, Waiver and Release.
IN WITNESS WHEREOF the Client has duly executed this Acknowledgement, Waiver and Release with effect as of the date of submission:
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