This Consulting Agreement and Waiver and Release of Liability (the "Agreement") is made and entered into on the date below by and between Early Retirement Services, a LLC, with its principal place of business at 72 Windsor Place, New York 11215 (hereinafter referred to as "ERS"), and the Client, named below, residing at the address below  (hereinafter referred to as the "Client").

RECITALS

WHEREAS, ERS provides consulting services related to early retirement planning, including guidance on Substantially Equal Periodic Payments ("SEPP") as defined under Internal Revenue Code Section 72(t)(2)(A)(iv); and

WHEREAS, the Client desires to engage ERS to provide consultation services specifically related to SEPP planning (the "Services") as described in more detail below; and

WHEREAS, the Client acknowledges that SEPP planning involves complex tax laws, regulations, and interpretations, and that the information and guidance provided by ERS are based on the Client's specific financial situation and current understanding of applicable laws, which are subject to change; and

WHEREAS, the Client understands that the ultimate decision regarding the implementation and maintenance of a SEPP plan rests solely with the Client; and

WHEREAS, the Client desires to engage ERS for these specific SEPP Consultation Services and to waive certain rights and release ERS from certain liabilities arising out of or related to these Services.

NOW, THEREFORE, in consideration of the mutual covenants and agreements contained herein, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows:

1. Scope of Services: ERS agrees to provide the Client with consultation services related to SEPP planning, which may include, but are not limited to:

• Reviewing the Client's financial information relevant to potential SEPP distributions. 
• Explaining the general principles and requirements of IRC Section 72(t)(2)(A)(iv) regarding SEPP. 
• Discussing potential calculation methods for SEPP distributions based on the information provided by the Client. 
• Providing illustrative examples of strategies and scenarios related to SEPP planning. 
• Discussing potential risks and benefits associated with implementing a SEPP plan. 
• Answering the Client's questions regarding SEPP within the scope of ERS' expertise.
• Creation of an individualized SEPP document intended to be adequate support for SEPP distributions if challenged by the IRS.

The Services specifically exclude:

Providing legal advice. Providing tax advice outside the specific SEPP calculation.  Acting as a financial advisor or fiduciary in the management of the Client's assets.  Guaranteeing the accuracy or suitability of any particular SEPP calculation or strategy. Preparing or filing any tax forms or legal documents on behalf of the Client. The actual creation of the client’s SEPP plan and related accounts with the client’s Trustee/Brokerage account.  Any ongoing services related to the SEPP plan to include verifying the accuracy or propriety of SEPP distributions and activities.

2. Client Responsibilities: The Client agrees to:

Provide accurate and complete financial information to ERS. Promptly respond to requests for information. Make all final decisions regarding the implementation and maintenance of any SEPP plan. Understand that ERS is relying on the information provided by the Client, and is acting solely in an advisory capacity.

3. Fees and Payment:

The Client shall pay ERS a flat fee of $799 for services, plus applicable credit card processing fees for the consultation services. Payment for service is upfront and and is earned ratably throughout the engagement. The engagement is concluded upon completion of the Individualized SEPP document, or best effort by ERS to complete the document if the Client is unable to provide necessary documentation.

4. Assumption of Risk (SEPP Consultation): The Client acknowledges and understands that SEPP planning involves risks and complexities, including but not limited to:

The risk of penalties for failing to adhere strictly to the requirements of IRC Section 72(t)(2)(A)(iv). The potential for changes in tax laws and regulations that could impact the suitability or viability of a SEPP plan. The risk that the Client's financial circumstances may change, making the chosen SEPP distribution method no longer suitable. The reliance on interpretations of complex tax laws, which may be subject to differing opinions by the IRS or other authorities.Reliance by ERS on information provided by the Client, which may be inaccurate or incomplete. Failure by the Client or any of their service providers to properly carry out instructions provided by ERS. Omissions in or misunderstanding of guidance provided by ERS. 

The Client voluntarily assumes all such risks associated with receiving SEPP Consultation Services from ERS and with implementing any SEPP plan based on their own decisions and the advice of their own legal and tax advisors.

5. Release and Waiver of Liability: To the fullest extent permitted by applicable law, the Client hereby irrevocably and unconditionally releases, waives, and forever discharges ERS, its officers, directors, employees, agents, representatives, successors, and assigns (collectively, the "Released Parties") from any and all claims, demands, actions, causes of action, losses, damages, liabilities, costs, and expenses (including, without limitation, attorneys' fees and costs) of any kind or nature whatsoever, whether known or unknown, foreseen or unforeseen, arising out of or in any way connected with or related to the SEPP Consultation Services provided by ERS, this Agreement, or any advice, recommendations, or information provided by ERS related to SEPP, including but not limited to claims based on negligence, breach of contract, or any other theory of liability. This release specifically includes, but is not limited to, any claims arising from the Client's implementation or maintenance of a SEPP plan based on their own decisions and the information discussed during the consultation.

6. Indemnification: The Client agrees to indemnify, defend, and hold harmless the Released Parties from and against any and all claims, demands, actions, causes of action, losses, damages, liabilities, costs, and expenses (including, without limitation, attorneys' fees and costs) arising out of or in any way connected with: (a) the Client's breach of this Agreement; (b) the Client's provision of inaccurate or incomplete information to ERS; (c) the Client's reliance on their own legal and tax advisors; or (d) the Client's actions or decisions made regarding the implementation or maintenance of a SEPP plan.

7. Disclaimer of Guarantees: The Client acknowledges and agrees that ERS does not guarantee any specific outcome or result from the SEPP Consultation Services. ERS does not guarantee the accuracy or suitability of any particular SEPP calculation or strategy, and the Client understands that the ultimate responsibility for the legality and appropriateness of any SEPP plan rests solely with the Client.

8. Governing Law and Venue: This Agreement shall be governed by and construed in accordance with the laws of the State of New York, without regard to its conflict of laws principles. Any legal action or proceeding arising out of or relating to this Agreement shall be brought exclusively in the state or federal courts located in Kings County, New York, and the Client hereby irrevocably submits to the personal jurisdiction of such courts.

9. Entire Agreement: This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior or contemporaneous communications and proposals, whether oral or written.

10. Severability: If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall remain in full force and effect.

11. Binding Effect: This Agreement shall be binding upon and inure to the benefit of the parties and their respective heirs, successors, and permitted assigns.

BY SIGNING BELOW, THE CLIENT ACKNOWLEDGES THAT THEY HAVE CAREFULLY READ AND UNDERSTOOD THIS CONSULTING AGREEMENT AND WAIVER AND RELEASE OF LIABILITY, INCLUDING THE SPECIFIC RISKS ASSOCIATED WITH SEPP PLANNING, AND VOLUNTARILY AGREE TO BE BOUND BY ITS TERMS.