Client Identification, Legal Declarations and Electronic Execution Record
This form constitutes the formal process for the identification of the client and the electronic execution of a legally binding agreement under applicable electronic records and signature regulations.
Please scroll to the end of the document to continue.
1. IDENTIFICATION OF THE PARTIES AND NATURE OF THE AGREEMENT
This Private Wealth Investment & Risk Disclosure Agreement (the "Agreement") is entered into between PRIVATE WEALTH, hereinafter "PW", an entity engaged in the provision of financial, intermediation, analysis, structuring and non-discretionary execution services for international financial transactions, and the natural or legal person whose details appear on the cover page of this document, hereinafter "THE CLIENT".
THE CLIENT acknowledges that this Agreement does not constitute the opening of a bank account, the contracting of a guaranteed product, or the provision of fiduciary services. This instrument governs exclusively the contractual relationship between the parties under principles of best efforts, transparency, individual responsibility and express acceptance of risk, in accordance with the applicable legislation of the State of New York.
2. SCOPE OF SERVICES AND NON-DISCRETIONARY NATURE
PW may, at THE CLIENT's request, facilitate access, analysis, execution, structuring or intermediation in financial transactions including, without limitation, American options, futures, FID, equities, commodities, indices, currencies, cryptocurrencies and investment funds.
THE CLIENT expressly acknowledges that all transactions are executed solely upon THE CLIENT's instruction, except with express written authorization for assisted execution, which does not convert the relationship into a discretionary or fiduciary one. PW has no obligation of permanent monitoring or automatic intervention, and any participation is strictly limited to the scope instructed.
3. NON-FIDUCIARY RELATIONSHIP
The Parties acknowledge and accept that the relationship established by this Agreement is not fiduciary. PW does not act as a fiduciary, registered broker-dealer, investment adviser (RIA), discretionary manager or legal representative of THE CLIENT, except under a separate written agreement.
Any information, analysis, scenario, commentary or projection provided by PW is informative in nature and does not constitute personalized advice or a guarantee of results, in accordance with New York common law and principles of no fiduciary duty.
4. DECLARATION OF EXPERIENCE, SUITABILITY AND INDEPENDENT JUDGMENT
THE CLIENT declares that it possesses sufficient experience, financial capacity and independent judgment to understand the nature, complexity and risks of the transactions governed by this Agreement.
Likewise, THE CLIENT acknowledges having independently assessed the advisability of participating in financial markets, that it does not rely exclusively on PW to make decisions, and that no transaction is suitable for all investors, in accordance with suitability standards recognized in international financial jurisdictions.
5. MARKET RISK, VOLATILITY AND EXTREME EVENTS
THE CLIENT acknowledges that financial transactions are subject to substantial risks, including extreme volatility, illiquidity, geopolitical events, financial crises, systemic failures, regulatory changes and market dislocations.
THE CLIENT expressly acknowledges that it may lose 100% of the capital invested, with no right to compensation, reimbursement or indemnity of any kind, and that such risks exist even in historically favorable scenarios. No past result constitutes a guarantee of future results.
6. RISK CAPITAL AND ABSENCE OF MARGIN CALL
THE CLIENT declares that all funds used under this Agreement constitute risk capital, that is, resources whose total loss does not compromise its financial stability or its lifestyle.
Unless expressly stipulated otherwise, transactions do not involve a mandatory margin call, and the maximum loss is limited to the amount actually invested. THE CLIENT fully assumes the economic consequences arising from its investment decisions.
7. ORDER EXECUTION, FAILURES AND MARKET CONDITIONS
THE CLIENT accepts that orders may not be executed, may be partially executed, delayed, or executed at prices other than those expected, as a consequence of market conditions, liquidity, technical failures, counterparties or events beyond PW's reasonable control.
Such circumstances shall not give rise to any liability for PW, provided that it has acted in accordance with best efforts and reasonable international financial market practice.
8. LIMITATION OF LIABILITY
PW shall not be liable for THE CLIENT's investment decisions, losses arising from market fluctuations, failures of third parties, platforms, counterparties, force majeure events or mandatory regulatory compliance.
In any event, PW's maximum liability, if any, shall be limited exclusively to the amount actually paid by THE CLIENT in respect of direct fees. The Parties acknowledge that this limitation is reasonable, proportionate and essential to the execution of this Agreement.
9. EMPLOYEES, ADVISORS AND ABSENCE OF PERSONAL LIABILITY
THE CLIENT acknowledges that the contractual relationship is established exclusively with PW as an entity, and not with its employees, advisors, officers or representatives in a personal capacity.
No employee or advisor shall assume personal liability for acts performed within the framework of this Agreement, and any individual statement not authorized in writing shall not be binding on PW.
10. ORDER AUTHORIZATION AND ASSISTED EXECUTION
THE CLIENT may authorize PW or its designated advisors in writing to transmit or execute orders on its behalf under an assisted execution arrangement. Such authorization does not convert the relationship into a discretionary one, nor does it transfer liability for the outcome of the transactions.
THE CLIENT acknowledges that any order executed pursuant to a valid authorization shall be deemed legitimate, final and irrevocable, and waives the right to challenge it subsequently on grounds of market changes, adverse results or regret, in accordance with the principles of finality of execution recognized in international financial markets.
11. COMMUNICATIONS, NOTICES AND DUTY OF ATTENTION
THE CLIENT undertakes to provide and keep updated all of its contact details, including email address, telephone and any other reasonable means of notification.
Any communication sent by PW to the details provided shall be deemed valid and received, regardless of whether it is actually read. THE CLIENT assumes the duty to remain attentive to communications relating to its transactions, accepting that failure to respond in a timely manner may give rise to economic consequences that shall not be attributable to PW.
12. TAX OBLIGATIONS, NON-WITHHOLDING AND TAX LIABILITY
PW does not act as a withholding agent, collector or party responsible for THE CLIENT's taxes in any jurisdiction, save for an express legal obligation imposed by a competent authority.
THE CLIENT acknowledges that any present or future tax obligation, including income taxes, capital gains, informational filings, fines, surcharges or interest, is its exclusive responsibility. PW does not perform automatic withholding, and any administrative assistance shall be limited to operational coordination, with funds previously provided by THE CLIENT and without assuming any tax liability whatsoever.
13. RETENTIONS, BLOCKS AND INTERNATIONAL SANCTIONS (OFAC AND EQUIVALENTS)
THE CLIENT acknowledges that PW is subject to international regulations on AML, KYC, terrorist financing and economic sanctions, including OFAC, EU Sanctions, UK Sanctions, FATF and equivalent authorities.
In the event of retention, freezing or blocking of funds by authorities, banking entities or counterparties, PW shall assume no liability whatsoever where such measures arise from mandatory regulatory compliance. The release of funds shall depend exclusively on the competent authority, with no guarantee of timing or outcome.
14. INSOLVENCY, CONTINUITY EVENTS AND CONTRACTUAL EFFECTS
THE CLIENT acknowledges that the eventual insolvency, reorganization or cessation of operations of PW does not alter the validity of obligations already accrued or the rights acquired by the Parties up to the date of the event.
PW does not guarantee indefinite operational continuity, and THE CLIENT accepts that certain services may be suspended or limited for reasons beyond PW's reasonable control, without this giving rise to any right to compensation, save where mandatory legal provisions state otherwise.
15. FEES, COMMISSIONS AND ACCEPTANCE OF COSTS
THE CLIENT agrees to pay PW the applicable fees, commissions and charges in accordance with the rates in force or specific agreements entered into between the Parties.
THE CLIENT acknowledges that such fees are independent of the economic outcome of the transactions and that their payment is not conditional upon obtaining gains. The absence of profitability does not release THE CLIENT from performing its economic obligations to PW.
16. ABSENCE OF PROMISES, GUARANTEES AND NO RELIANCE
THE CLIENT declares that it has not received promises, guarantees, assurances of profitability or representations beyond the express content of this Agreement.
THE CLIENT acknowledges that it has not relied on verbal statements, promotional material or informal communications in entering into this Agreement, and that its decision is based exclusively on its own analysis and on the terms set forth herein, in accordance with the principle of no reliance recognized under New York law.
17. ELECTRONIC RECORDS, DIGITAL SIGNATURE AND LEGAL VALIDITY
THE CLIENT accepts that this Agreement may be executed by electronic signature, in accordance with the E-SIGN Act and the Uniform Electronic Transactions Act (UETA).
Electronic records, digital signatures and documents generated shall have the same legal validity as physical documents signed by hand. THE CLIENT waives the right to challenge the validity of this Agreement solely on the grounds that it was executed electronically.
18. RETENTION, AUDIT AND CONTRACTUAL EVIDENCE
PW may retain electronic, contractual and operational records relating to this Agreement for such period as it deems reasonable or as required by law.
Such records shall constitute valid and sufficient evidence of the transactions, communications and obligations assumed by THE CLIENT, who accepts their use in administrative, judicial or arbitral proceedings, in accordance with the applicable rules of evidence.
19. INDEMNIFICATION
THE CLIENT undertakes to indemnify, defend and hold PW harmless, as well as its directors, employees, advisors, representatives and affiliates, against any claim, demand, loss, damage, penalty, fine, cost or expense (including reasonable legal fees) arising directly or indirectly from breach of this Agreement, from THE CLIENT's instructions, from the use of the services, or from legal violations attributable to THE CLIENT.
This obligation shall survive regardless of the outcome of the transactions and shall apply to the fullest extent permitted by the law of the State of New York.
20. WAIVER OF CLASS ACTIONS
THE CLIENT expressly and irrevocably waives the right to participate in any collective action, joint claim, class action, collective claim or representative proceeding against PW.
Any dispute must be brought solely on an individual basis. THE CLIENT acknowledges that this waiver constitutes an essential condition of the Agreement and that, had it not been accepted, PW would not have entered into the contractual relationship, in accordance with valid precedent under New York law.
21. ASSIGNMENT AND TRANSFER OF THE AGREEMENT
PW may assign, transfer or allocate all or part of its rights and obligations under this Agreement to affiliated entities, successors or third parties, without requiring THE CLIENT's prior consent.
THE CLIENT may not assign or transfer this Agreement without PW's prior written authorization. Any unauthorized assignment shall be null and void, without prejudice to the corresponding legal actions.
22. SEVERABILITY
If any provision of this Agreement is declared invalid, illegal or unenforceable by a competent authority, such provision shall be deemed severed from the remainder of the Agreement, without affecting the validity, legality or enforceability of the remaining provisions.
The Parties agree that any invalid clause shall be replaced by a valid one reflecting, to the greatest extent possible, the original economic and legal intent.
23. ENTIRE AGREEMENT
This Agreement constitutes the entire and complete agreement between the Parties with respect to its subject matter, and supersedes any prior negotiation, understanding, communication or agreement, whether verbal or written.
There shall be no implied terms or additional commitments beyond what is expressly stipulated herein, and any modification must be made in writing and duly signed by both Parties.
24. SURVIVAL OF PROVISIONS
The provisions relating to limitation of liability, indemnification, risks, tax obligations, OFAC, electronic records, governing law, jurisdiction, and any other provision which by its nature should survive, shall remain in force even after the termination of this Agreement.
Termination of the contractual relationship shall not release THE CLIENT from obligations previously assumed or liabilities already accrued.
25. WAIVER OF RIGHTS
PW's failure to exercise any right, power or action arising from this Agreement shall not constitute a waiver of that right nor prevent its subsequent exercise.
Any waiver must be expressly set out in writing. No conduct, forbearance or commercial practice shall be construed as a tacit modification of the terms of the Agreement.
26. GOVERNING LAW AND EXCLUSIVE JURISDICTION
This Agreement shall be governed by and construed exclusively in accordance with the laws of the State of New York, without giving effect to conflict of laws principles.
THE CLIENT agrees to submit irrevocably to the exclusive jurisdiction of the state and federal courts located in the State of New York, waiving any objection based on forum non conveniens or any similar ground.
27. FINAL ACCEPTANCE, ACKNOWLEDGMENT OF RISKS AND SIGNATURE
THE CLIENT declares that it has read this Agreement in its entirety, understands its legal and economic scope, and voluntarily accepts all risks associated with the financial transactions governed by it.
THE CLIENT acknowledges that it may lose money as a consequence of market conditions, geopolitical events, financial crises, systemic failures or its own decisions, and that there are no guarantees of profitability or promises of results on the part of PW or its employees.
By affixing an electronic signature, THE CLIENT expresses its free, informed and binding consent.
Important: Your signature will be captured with date, time and IP address for legal validity.
Accepted formats: JPG, PNG, PDF (max. 5MB)
Please wait while we generate and send your documentation.
Your documentation has been sent successfully.
You will receive a copy of the executed contract by email.
Next steps:
Private Wealth will contact you within the next 24-48 hours to complete the onboarding process.