HEALTHVIEW ASSET MANAGEMENT, INC.
INVESTMENT ADVISORY AGREEMENT
(Health Savings Account)
This Investment Advisory Agreement (the “Agreement”) dated as of Sep 08, 2024,
confirms that I, the undersigned Investor and owner of a HealthView Asset Management HSA account
and HealthView Asset Management, Inc. (the “Adviser”) hereby agree to the following terms and conditions:
1. Investment Objectives and HSA. I hereby confirm my investment objectives and my
acceptance of the portfolio recommendation attached, including the appointment of HealthView Asset Management, Inc.
as the manager for the assets in my account. I understand and acknowledge that the portfolio selected and investments
in the program are based upon a review of my investment objectives and time horizon as determined by my responses
provided by me on the Client Questionnaire (the “Questionnaire”) delivered by the Adviser.”
2. Services Provided by the Adviser. The Adviser will make recommendations to me regarding the investment of the assets in the HSA.
These recommendations will include an overall asset allocation strategy and will be based upon my investment objectives
set forth in Exhibit A (the Investment Strategy Report) attached, as amended from time to time, including any reasonable
restrictions imposed on the types of investments, and will take into account, among other things, investment time horizon,
tolerance for risk and level of investment sophistication. Thereafter, the Adviser will have discretionary authority to
manage the HSA assets through the application of an algorithmic system which follows a model portfolio designed to achieve
the chosen objective, allocating assets to selected investments and maintaining the indicated balance through periodic
reallocation and rebalancing the assets in the HSA in accordance with my investment objective.
3. HSA Custodian: Cash Management. I agree to establish an HSA Website Account with Healthcare Bank, a division of Bell Bank as Custodian,
under a Custodial Agreement setting for the terms and conditions of my HSA. I agree that to establish the HSA
I must first open a FDIC Cash Account with Healthcare Bank and maintain a minimum balance of $1,000.
The FDIC account acts as a cash account, accepting payroll deductions and cash withdrawn from the HSA for qualified healthcare expenses.
Please refer to the terms of the Custodial Agreement and Disclosure Statement for the details of how these accounts will operate.
4. Compensation. I will pay an Investment Advisory Fee of 0.20% per annum calculated and debited from my HSA quarterly
in arrears based on the value of the HSA as of the last day of each calendar quarter. I understand the Adviser will invoice me for
the amount of such fee and I authorize the Adviser to debit my Account for the amount of such fee.
I understand that no party shall be compensated based on a share of capital gains upon or capital
appreciation of funds or any portion of funds or other investments in my Account.
I understand that fees may be higher or lower than those typically charged by others who provide the same or similar services.
5. Additional Charges. In making its recommendations, the Adviser will select specific investment vehicles for me
from the universe of load waived and no-load mutual funds. The use of certain of these vehicles may result in the
imposition of additional charges to me over and above the compensation paid the Adviser in accordance with the above-referenced fee schedule.
These additional charges may include custodial fees and/or management fees. I understand and acknowledge that these additional charges will not
constitute additional compensation to the Adviser for services it provides for my benefit, and I agree to the payment of such fees.
6. Representations by Client. I represent that I have made a complete and accurate disclosure to the Adviser of my financial
situation and objectives and that the terms hereof do not violate any obligation by which I am bound, whether arising by contract,
operation of law, or otherwise. I represent that this Agreement has been duly authorized by appropriate action and is binding upon
me in accordance with its terms
7. Adviser Services to Other Clients. I understand that the Adviser performs investment advisory services for various other clients.
The Adviser agrees to act in a manner consistent with its fiduciary obligation to deal fairly with all clients when taking investment actions.
I understand that the Adviser may give advice and take action in the performance of its duties with respect to any of its other clients that may
differ from the timing or nature of action taken with respect to my HSA. The Adviser, nor anyone associated with them, shall not
have any obligation to purchase or sell for my HSA any security that the Adviser, their officers, or employees may purchase or sell
for its or their own accounts or purchase or sell or recommend for purchase or sale for the account of another client if, in the sole
discretion of the Adviser, such action is not practical or desirable for my Account.
8. Commissions and other Transaction Charges. No commissions or other charges with respect to transactions for the HSA shall be payable by me.
9. Statements and Tax Consideration. I will be provided with a statement of my Program Account as of the last business day of each calendar quarter.
Such statement shall be in the form of a written summary of the assets of the HSA, including all transactions made on behalf of the HSA, all contributions
and withdrawals made by me, all fees and expenses and charges to the HSA, and the value of the HSA as of that date. Securities traded on a
national securities exchange will be valued at the last sale price on the exchange, or, if there has been no sale that day, at the last know bid price.
Securities that are traded over the counter will be valued according to the broadest and most representative market.
Securities for which market quotations are not readily available will be valued at the known current bid price believed by the Adviser most nearly to
represent current market value. Other securities and all other assets will be valued at fair value as determined in good faith by the Adviser.
I understand that I will receive a statement at the end of each calendar year providing me with
the necessary forms required for tax reporting relative to the HSA.
I acknowledge that the Adviser does not offer legal or tax advice and it is my responsibility to consult with my own legal and
tax Advisers with respect to questions that I may have regarding such issues.
10. ERISA Disclosure. The Adviser represents that it is duly registered as an investment adviser with the Commonwealth of Pennsylvania and acknowledges
that if it is a “plan fiduciary” with respect to me under the Employment Retirement Income Security Act of 1974 (“ERISA”) the Adviser
agrees to obtain and maintain during the effectiveness of this Agreement such bonding as may be required by ERISA and to include the Adviser among those covered by such bond.
11. Proxies and Other Legal Notices. I understand that I am responsible for voting all proxies and consents relating to securities held in my Account.
I also understand that the Adviser does not have the authority to receive any shareholder or other proxy materials and the Adviser will not vote proxies
or other consents with respect to any securities held in my Account.
12. Notice. All recommendations, notices and other communications shall be deemed effective when received,
in writing, at the respective Address of Record for either party hereto, unless either party has, by written notice, designated a
different Address of Record. Receipt of such written notice shall be presumed if mailed postpaid by registered or certified mail,
return recent requested. The Address of Record for the Adviser is 219 N. Main Street, Pittsburgh, PA 15215.
13. Confidentiality. All information and advice communicated to any party shall be treated as confidential.
I hereby authorize the Adviser to disclose my personal non-public information to the Custodian as necessary to service my HSA.
14. Termination; Assignment and Access. This Agreement shall be valid until terminated by the Adviser or by me.
This agreement may be terminated by me at any time, with no delay. This agreement may be terminated at any time by the Adviser
upon not less than thirty (30) days written notice pursuant to Paragraph 12 above, or for “cause” (breach by a party of any of the
terms of this Agreement) upon notice with not less than five (5) days' opportunity to cure. Termination of this Agreement shall not
affect any liability resulting from sales or exchanges initiated prior to the effective date of termination. Upon termination, the
compensation due to the Adviser for the calendar quarter in which termination occurs will be calculated on a pro rata basis.
I understand that the Adviser will not have access to the monies in my Account with the exception of fee debits.
Only I can withdraw funds from the HSA in cash or in property at any time. I understand that such withdrawals and/or
termination could result in a taxable event(s) to me. I further understand that neither this Agreement nor any rights under it may be
assigned by either party without the consent of both parties.
15. Arbitration Agreement. I hereby agree that all controversies that may arise between me and the Adviser concerning any
transaction or the construction, performance or breach of this or any agreement between me and the Adviser, whether entered into
prior to, on, or subsequent to the date hereof, shall be determined by arbitration. I understand that this Agreement to arbitrate
does not constitute a waiver of the right to seek a judicial forum where such a waiver would be void under the federal securities laws.
Any arbitration shall be held in the city chosen by the Adviser or the American Arbitration Association, pursuant to the Arbitration Laws of the
Commonwealth of Pennsylvania, before the American Arbitration Association and in accordance with its rules then applying.
The arbitrator's award(s) in any such arbitration shall be final and binding, and judgment on the award may be enforced in any court of competent jurisdiction.
16. Limit of Liability. It is understood that the Adviser shall act in good faith and shall not be liable for any loss incurred in
connection with recommendations or investments made or other action taken on behalf of my HSA due to errors of judgment or by reason of
its or their advice, including action taken or omitted prior to a written notice of termination. The Adviser shall not be excluded from
liability for losses occasioned by reason of its willful misfeasance, bad faith, or negligence in the performance of its duties, or by reason of
its reckless disregard or its obligations and duties hereunder. The Adviser shall not be responsible for any loss incurred by reason of any act or
omission by me, a custodian, or any broker-dealer. I understand that I am not giving up any claims I may have under the Investment
Advisers Act of 1940 (the “Act”) and that I may proceed directly as a security holder against the issuer of any security in my HSA and not
be obligated to join any person involved in the operation of the Program, or any other client of the Program, as a condition precedent to initiating such proceeding.
FEDERAL AND STATE SECURITIES LAWS IMPOSE LIABILITIES UNDER CERTAIN CIRCUMSTANCES ON PERSONS WHO ACT IN GOOD FAITH, AND THEREFORE NOTHING HEREIN CONTAINED SHALL
IN ANY WAY CONSTITUTE A WAIVER OR LIMITATION OF ANY RIGHTS WHICH I MAY HAVE UNDER ANY FEDERAL AND STATE SECURITIES LAWS OR UNDER ERISA.
17. Receipt of Form ADV Part 2. I acknowledge the Adviser's Form ADV, Part 2 as required by Rule 204-3 the Act is available on the Adviser’s website.
I further understand that if the Adviser's Form ADV, Part 2 has not been provided to me AT LEAST FORTY EIGHT (48) HOURS PRIOR TO SIGNING THIS AGREEMENT
I will have an automatic right to cancel this Agreement within five (5) business days of the date I signed it with no further obligation.
18. Severability. If any provision of this Agreement shall be held or made invalid by a court decision, statute, rule, or otherwise, the remainder of this
Agreement shall not be affected thereby. This Agreement shall be binding upon and benefit the parties hereto and their successors.
19. Governing Law. This Agreement shall be construed and interpreted in accordance with the laws of the Commonwealth of Pennsylvania.
20. Miscellaneous:
(a) I retain, with respect to all securities and funds in the account, to the same extent as if I held the securities and funds
outside the program, the right to:
- Withdrawal of securities or cash;
- Vote securities, or delegate the authority to vote securities to
- another person;
(b) I shall be provided in a timely manner with a written confirmation or other
notification of each securities transaction, and all other documents
required by law to be provided to security holder; and
(c) I may proceed directly as a security holder against the issuer of any security in
my account and not be obligated to join any person involved
in the operation of the program, or any other client of the program, as a
condition precedent to initiating such proceeding.
IN WITNESS WHEREOF, the parties hereto agree to all terms and conditions and have set their hands pursuant to due authority as of the date first set forth above.
HEALTHVIEW ASSET MANAGEMENT, INC.
George Bernard
President
INVESTOR:
E-Signature:________________________________________
Name: