for questions regarding completion of this packet,...

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We are excited to have you as a new member of Symmetry Financial Group (SFG). We have a large support system for our new agents and we want you to have access to everything we offer! In order to complete your appointment requests with the SFG carriers, please complete the following appointment quesonnaire. The quesonnaire informaon will be entered into our online contracng system, SureLC , which is a program that allows us to save your informaon and apply it to insurance carrier documents. This allows the SFG Contracng Department to complete contract documents for many of our insurance carriers on your behalf. Once this packet has been completed, you will also need to complete and sign the Signature page, Legal Quesons document and EFT Authorizaon that is included. When signing the Signature Authorization page, please make sure you sign your name fairly large but completely inside the box. It is also very helpful to sign with a Sharpie or thick marker. Electronic signatures are not accepted on the Signature Authorization Page. Please submit the following documents to our office: 1. Entire SFG Contracting Packet with all applicable questions answered. 2. Signed Signature Authorization page (stay within the lines on the box, best to use a marker or sharpie). 3. Signed EFT Authorization page (with a copy of a void check or signed leer from your bank) 4. A copy of your individual and/or corporation insurance license(s) – Resident & Non-Resident 5. A copy of your E&O certificate if applicable. When filling out this packet, please answer all the quesons that are applicable to you. The informaon being collected in this packet is informaon that our insurance carriers will require on their documents. Any unanswered quesons or any YES answers lacking good details such as dates, reasons, documentaon, etc. may slow down your appointment or cause it to be rejected. As you probably know, with insurance carriers the more informaon provided, the beer! For questions regarding completion of this packet, please contact your upline manager. Please return your completed set up packet to your upline manager. We look forward to a long, happy and profitable partnership with you!

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We are excited to have you as a new member of Symmetry Financial Group (SFG). We have a large support system for our new agents and we want you to have access to everything we offer!

In order to complete your appointment requests with the SFG carriers, please complete the following appointment questionnaire. The questionnaire information will be entered into our online contracting system, SureLC, which is a program that allows us to save your information and apply it to insurance carrier documents. This allows the SFG Contracting Department to complete contract documents for many of our insurance carriers on your behalf.

Once this packet has been completed, you will also need to complete and sign the Signature page, Legal Questions document and EFT Authorization that is included. When signing the Signature Authorization page, please make sure you sign your name fairly large but completely inside the box. It is also very helpful to sign with a Sharpie or thick marker. Electronic signatures are not accepted on the Signature Authorization Page.

Please submit the following documents to our o�ce:

1. Entire SFG Contracting Packet with all applicable questions answered.2. Signed Signature Authorization page (stay within the lines on the box, best to use a marker or sharpie).3. Signed EFT Authorization page (with a copy of a void check or signed letter from your bank)4. A copy of your individual and/or corporation insurance license(s) – Resident & Non-Resident5. A copy of your E&O certi�cate if applicable.

When filling out this packet, please answer all the questions that are applicable to you. The information being collected in this packet is information that our insurance carriers will require on their documents. Any unanswered questions or any YES answers lacking good details such as dates, reasons, documentation, etc. may slow down your appointment or cause it to be rejected. As you probably know, with insurance carriers the more information provided, the better!

For questions regarding completion of this packet, please contact your upline manager.

Please return your completed set up packet to your upline manager.

We look forward to a long, happy and profitable partnership with you!

NEW PRODUCER CONTACT FORM

Agent who referred you to Symmetry:

Name _____________________ Phone _____________

NAME _______________________

EMAIL _______________________

PHONE _______________________

How did you �nd Symmetry?Craigslist

ZipRecruiter

Career Builder Friend/Relative

Monster

Indeed

Other

Please specify:

________________

New Producer Set-Up PacketLast Name: First Name: Middle:

SSN: Gender: DOB: / /

Cell Phone: Home Phone: Fax:

Email: Marital Status:

Driver’s License #: Driver’s License State:

Resident Address: Move In Date: / /

Street Address (include Apt/Unit # if applicable) City, State Zip

Mailing Address (if different from above):

Street Address or PO Box (include Apt/Unit # if applicable) City, State Zip

Resident Insurance License #: Resident Insurance License State:

Doing Business As: Individual Business Entity (requires a business entity insurance license)

Business Name:

Tax ID: Principal Agent Name:

Email: Website:

Complete this section only if requesting to be contracted as a business entity.

Corporation Partnership LLC LLPCompany Type:

Business Insurance License #: Business Insurance License State:

Business Address: Move In Date: / /

Street Address (include Apt/Unit # if applicable) City, State Zip

A copy of your business entity’s insurance license and articles of incorporation must be submitted with your completed contracting packet.

Legal Questions for Contracting and Appointment Requests Please answer the following questions. If you answer YES to any question, provide a full, detailed explanation including specific dates.

Name: ________________________________________

1 Have you ever been charged or convicted of, or pled guilty or no contest to, any felony, misdemeanor, federal/state insurance and/or securities or investments regulations or statutes?

☐Yes ☐No

1A Have you ever been convicted of, or pled guilty or no contest to, any Felony? ☐Yes ☐No 1B Have you ever been convicted of, or pled guilty or no contest to, any Misdemeanor? ☐Yes ☐No 1C Have you ever been convicted of, or pled guilty or no contest to, a violation of federal

or state securities or investment related regulations? ☐Yes ☐No

1D Have you ever been convicted of, or pled guilty or no contest to, a violation of state insurance department regulation of statute?

☐Yes ☐No

1E Has any foreign government, court, regulatory agency, or exchange ever entered an order against you related to income investments or fraud?

☐Yes ☐No

1F Have you ever been charged with a felony? ☐Yes ☐No 1G Have you ever been charged with a misdemeanor? ☐Yes ☐No 1H Have you ever been on probation? ☐Yes ☐No

2 Have you ever been, or are you currently being, investigated, have any pending indictment, lawsuits, or have you ever been in a lawsuit with an insurance company?

☐Yes ☐No

2A Are you currently under investigation by any legal or regulatory agency? ☐Yes ☐No 2B Have you been under investigation by any insurance company? ☐Yes ☐No 2C Have you ever been, or are you currently, involved in any pending indictments,

lawsuits, civil judgements or other legal proceedings (civil or criminal) (you may omit family court)?

☐Yes ☐No

2D Have you ever been named as a defendant or codefendant in a lawsuit, or have you ever sued or been sued by an insurance company?

☐Yes ☐No

3 Have you ever been alleged to have engaged in any fraud? ☐Yes ☐No 4 Have you ever been found to have engaged in any fraud? ☐Yes ☐No 5 Has any insurance or financial services company or broker-dealer terminated your contract

or appointment or permitted you to resign for reason other than lack of sales? ☐Yes ☐No

5A Were you fired because you were accused of violating insurance or investment related statutes, regulations, rules, or industry standards of conduct?

☐Yes ☐No

5B Were you fired because you were accused of fraud or the wrongful taking of property?

☐Yes ☐No

5C Failure to supervise in connection with insurance or investment related statutes, regulations, rules, or industry standards of conduct?

☐Yes ☐No

6 Have you ever had an appointment with any insurance company denied or terminated for cause? (if you have been reported to Vector One, answer yes)

☐Yes ☐No

7 Does any insurer, insured, or other person claim any commission chargeback or other indebtedness from you as a result of any insurance transactions or business? (if you have been reported to Vector One, answer yes)

☐Yes ☐No

8 Has any lawsuit or claim ever been made against you, your surety company, or errors and omissions insurer, arising out of your sales or practices, or have you been refused surety bonding or E&O coverage?

☐Yes ☐No

8A Has a bonding or surety company ever denied, paid on, or revoked a bond for you? ☐Yes ☐No 8B Has any Errors & Omissions company carrier ever denied, paid claims on, or cancelled

your coverage? ☐Yes ☐No

9 Have you ever had an insurance or securities license denied, suspended, cancelled, or revoked?

☐Yes ☐No

10 Has any state or federal regulatory body found you to have been a cause of an investment or insurance related business having its authorization to do business denied, suspended, revoked, or restricted?

☐Yes ☐No

11 Has any state or federal regulatory agency revoked or suspended your license as an attorney, accountant, or federal contractor?

☐Yes ☐No

12 Has any state or federal regulatory agency found you to have made a false statement or omission or been dishonest, unfair, or unethical?

☐Yes ☐No

13 Have you ever had any interruptions in licensing? ☐Yes ☐No 14 Has any state, federal, or self-regulatory agency filed a complaint against you, fined,

sanctioned, censured, penalized, or otherwise disciplined you for a violation of their regulations or state or federal statutes?

☐Yes ☐No

14A Has any regulatory body ever sanctioned, censured, penalized, or otherwise disciplined you?

☐Yes ☐No

14B Has any state, federal, or self-regulatory agency filed a complaint against you, fined, or sanctioned you?

☐Yes ☐No

14C Have you ever been the subject of a consumer initiated complaint? ☐Yes ☐No 15 Have you personally, or any insurance or securities brokerage firm with whom you have been

associated, filed a bankruptcy petition, or declared bankruptcy? ☐Yes ☐No

15A Have you personally filed a bankruptcy petition or declared bankruptcy? ☐Yes ☐No 15B Has any insurance or securities brokerage firm, with whom you have been associated,

filed a bankruptcy petition, or been declared bankrupt, either during your association with them or within 5 years after termination of such an association?

☐Yes ☐No

15C Is the bankruptcy pending? ☐Yes ☐No 16 Are there any unsatisfied judgments or liens against you? ☐Yes ☐No 17 Are you connected in any way with a bank, savings & loan association, or other lending or

financial institution? ☐Yes ☐No

18 Have you ever used any other names or aliases? ☐Yes ☐No 19 Do you have any unresolved matters pending with the Internal Revenue Service, or other

taxing authority? ☐Yes ☐No

If you answered YES to any of these questions, provide an explanation that includes dates, actions, and descriptions. Attach additional

paper if necessary.

I attest that the information I have provided is true to the best of my knowledge. I acknowledge that if any information changes, I will

notify my agency office within 5 days of such change. Further, I understand that my agency may contact me when I need to answer

carrier-specific questions.

Signature: ______________________________________________________ Date: ____________________

Action:

Reason:

Explanation:

Background ExplanationProvide an explanation for each “yes” answer given in the legal questionnaire.

Date: / /

Action:

Reason:

Explanation:

Date: / /

Action:

Reason:

Explanation:

Date: / /

I attest that the information I have provided is true to the best of my knowledge. I acknowledge that if any information changes, I will notify my agency office within 5 days of such change.

Signature: ______________________________________ Date: _______________

Company Name: Job Title:

Company Address:

Street Address (include Unit/Suite # if applicable) City, State Zip

Employment HistoryPlease provide your employment history for the past 7 years:

From: / / To: / /

Company Name: Job Title:

Company Address:

Street Address (include Unit/Suite # if applicable) City, State Zip

From: / / To: / /

Company Name: Job Title:

Company Address:

Street Address (include Unit/Suite # if applicable) City, State Zip

From: / / To: / /

Company Name: Job Title:

Company Address:

Street Address (include Unit/Suite # if applicable) City, State Zip

From: / / To: / /

Please explain any gaps in your employment history:

Home Address:

Street Address (include Unit/Suite # if applicable) City, State Zip

Address HistoryPlease provide your address history for the past 7 years:

From: / / To: / /

Home Address:

Street Address (include Unit/Suite # if applicable) City, State Zip

From: / / To: / /

Home Address:

Street Address (include Unit/Suite # if applicable) City, State Zip

From: / / To: / /

Home Address:

Street Address (include Unit/Suite # if applicable) City, State Zip

From: / / To: / /

Home Address:

Street Address (include Unit/Suite # if applicable) City, State Zip

From: / / To: / /

Home Address:

Street Address (include Unit/Suite # if applicable) City, State Zip

From: / / To: / /

Resident County: _______________________________ City and State of Birth: _________________________________

Do you own your home? _________________________ Maiden Name: ________________________________________

Anti Money Laundering

Anti Money Laundering (AML) training is required by most of our carriers. Please provide the details of your most recent

AML Training course below. If you have not completed an AML course with LIMRA or American Amicable, within the

past 2 years, you will need to do so. Instructions for completing American Amicable’s free AML training are below.

AML Provider: ☐ LIMRA ☐ American Amicable

Training Completion Date: ____ /____ /____

Steps for completing American Amicable’s Anti Money Laundering Training:

- Go to www.americanamicable.com

- Click Login -> Agent

- Agent Number: aml Password: course

- Once finished, print a copy of your certificate of completion and attach it to this contracting packet.

FINRA

Are you a registered rep with FINRA? ☐ Yes ☐No

If yes, Broker/Dealer Name: ___________________________ CRD #: _________________________________

Errors & Omissions Insurance

Some carriers require agents to have E&O insurance. This coverage is not required to start working with select

carriers. If you have E&O insurance, please include a copy when submitting this completed packet. When you

are ready to get E&O insurance, you can apply online at www.mga-eo.com/sfg. If you have questions about

E&O insurance, please consult your upline manager.

**If you are submitting a copy of your E&O certificate, please make sure that your full name is listed as the

insured party.

Signature Authorization

PLEASE READ THIS AUTHORIZATION, SIGN IN THE BOX BELOW AND SUBMIT THIS FORM WITH YOUR COMPLETED PACKET.

ELECTRONIC SIGNATURES WILL NOT BE ACCEPTED.

I,______________________________________, hereby authorize Surancebay, LLC and it’s general agency customers (the “Authorized Parties”) to affix or append a copy of my signature, as set forth below, to any and all required signature fields on forms and

agreements of any insurance carrier (a “Carrier) designated by me through the SURELC software, business submission, or through any other means, including without limitation, by email or orally. The Authorized Parties shall be permitted to complete and submit all such

forms and agreements on my behalf for the purposes of becoming authorized to sell Carrier insurance products. I hereby release, indemnify and hold harmless the Authorized Parties against any and all claims, demands, losses, damages, and causes of action, including

expenses, costs and reasonable attorney’s fees which they may sustain or incur as a result of carrying out the authority granted hereunder.

By my signature below, I certify that the information I have submitted to the Authorized Par-ties is correct to the best of my knowledge and acknowledge that I have read and reviewed the forms and agreements which the Authorized Parties have been authorized to affix my

signature. I agree to idemnify and hold any third party harmless from and against any and all claims, demands, losses, damages, and causes of action, including expenses, costs and

reasonable attorney’s fees which such third party may incur as a result of its reliance on any form or agreement bearing my signature pursuant to this authorization.

Please sign in the center of the box below. Please use BLACK ink.

ELECTRONIC SIGNATURES WILL NOT BE ACCEPTED.

Account Holder Name:

Routing #: Account #:

Financial Instituion Name:

Branch Address:

Electronic Fund Transfers (EFT)

Checking SavingsAccount Type:

City: Zip:

A pre-printed void check or a signed letter from your bank must accompany this form. The following information must be pre-printed (cannot be handwritten) on your document: account holder’s name, routing number, and account number. Starter checks and deposit slips cannot be accepted.

State:

By signing below, I hereby authorize the Company to initiate credit entries and, if necessary, adjustments for credit entries in error to the checking and/or savings account indicated on this form. This authority is to remain in full effect until the Company has received written notification from me of it’s termination. I understand that this authorization is subject to the terms of any agent or representative contract, commission agreement, or loan agreement that I may have now, or in the future, with the Company.

Signature: Date:

Please attach a copy of a pre-printed void check or a signed letter from your bank. The following information must be pre-printed (cannot be handwritten) on your document: account holder’s name, routing number, and account number. Starter checks and deposit slips cannot be accepted.

Electronic signatures will not be accepted

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SYMMETRY FINANCIAL GROUP INDEPENDENT CONTRACTOR AGREEMENT

This Independent Contractor Agreement (this “Agreement”) is entered into effective as of

this day of , 20___ (the “Effective Date”), by and between Symmetry Financial Group, LLC, a Delaware limited liability company (“Company”), and ______________________ (“Contractor”). Each of Company and Contractor are referred to herein individually as a “Party” and collectively as the “Parties

.”

A. Contractor desires to sell insurance products on behalf of Company as an independent contractor of Company.

B. Company desires to engage Contractor to sell insurance products on behalf of

Company as an independent contractor of Company. C. The Parties are entering into this Agreement to provide the terms and conditions

pursuant to which Contractor will provide these services. NOW THEREFORE, in consideration of the foregoing and the respective covenants,

agreements and undertakings of the Parties contained herein, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties, intending to be legally bound, hereby agree as follows:

1. Term

. Unless terminated earlier pursuant to this Agreement as set forth in Section 10, the term of this Agreement shall be one (1) year. This Agreement will renew automatically on each anniversary of the Effective Date for additional one (1) year terms unless either Party provides the other Party with at least ninety (90) days written notice in advance of the renewal date that it does not intend to renew this Agreement. All of Contractor’s obligations other than its obligation to perform the Services shall survive any termination of this Agreement.

2. Performance of Services

.

(a) Contractor agrees to sell insurance products on behalf of Company and to perform the customary services of an insurance agent, including, but not limited to, setting and scheduling sales appointments, completing and submitting insurance applications, delivering approved policies, and returning delivery receipts to the Company (the “Services

”). Contractor shall determine the method, details, and means of performing the Services.

(b) Contractor may, at Contractor’s own expense, employ such assistants as Contractor deems necessary to perform the Services. Company will not control, direct, or supervise Contractor or Contractor’s assistants in the performance of those Services. Contractor agrees to assume full responsibility for the payment and deduction of all state and federal taxes for unemployment insurance, retirement, pension, or other social security benefits for all persons employed by Contractor in connection with Contractor’s performance of this Agreement. Contractor acknowledges and agrees that Contractor and his employees shall not be treated as employees of Company for purposes of the Federal Insurance Contributions Act (FICA), the

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Social Security Act, the Federal Unemployment Tax Act (FUTA), income tax withholding, or any state or local law providing for such benefits, unemployment benefits, disability benefits, workers’ compensation, or other benefits. Contractor also agrees to assume full responsibility for all self-employment and other taxes incurred by Contractor in the performance of the Services.

3. Compensation

.

(a) Commission. Subject to Sections 3(b) and 3(c) hereof, Contractor shall receive, on newly written insurance products sold by Contractor on behalf of Company, a percentage of the first-year annual commissionable premium (term), the earned commissionable target premiums (universal life), or earned premium (annuities) (including any renewals payable pursuant to applicable carrier agreements, the “Commissionable Premium

”), as provided by the applicable insurance carrier agreements and corresponding compensation schedules, as amended from time, between Contractor and the applicable insurance carriers. The Commissionable Premium payments will be made directly by the insurance carriers to Contractor. The applicable insurance carriers will issue Federal Form 1099 Information Returns to Contractor for each calendar year, reporting to Contractor and appropriate government agencies the gross amount paid to Contractor. Contractor agrees to assume full responsibility for all self-employment, and all other federal and state taxes incurred by Contractor.

(b) Chargebacks. Contractor is responsible for any amounts distributed by an applicable insurance carrier in Commissionable Premium that is unearned “Unearned Commissionable Premiums”). Any Unearned Commissionable Premiums are distributed with the expectation that they will be fully earned, based on the applicable insurance carrier guidelines. Any Unearned Commissionable Premiums shall, upon distribution to Contractor, be considered to be a loan from the insurance carrier and Company to Contractor, until such premiums become earned. If at any time Company is charged or otherwise pays or becomes in any way responsible to any third party, including, without limitation, an insurance carrier, for any Unearned Commissionable Premium for which Contractor is responsible pursuant to this Agreement (“Company Paid Premium”), Company may immediately (i) with or without notice to Contractor, offset such amounts against any compensation or other amounts due or payable to Contractor for any reason, (ii) with or without notice to Contractor, instruct the applicable insurance carrier to offset such amounts against any compensation or other amounts due or payable to Contractor from the insurance carrier for any reason, and to pay any and all such offset amounts to Company, and/or (iii) provide notice of such to Contractor and immediately seek repayment from Contractor. Contractor will, immediately upon receipt of notice, repay to Company any and all Company Paid Premium. In the event Company or anyone on Company’s behalf pursues or engages in collection procedures in order to collect from Contractor any Company Paid Premium, Contractor agrees to and shall be responsible for any and all expenses incurred by Company to collect any such indebtedness, including but not limited to, the fees of collection agents, attorneys, or other costs of collection, including court costs. In the event Contractor has a down-line of one or more agents (i.e., insurance agents that sell products and Contractor receives commission or other compensation in connection with those sales), Contractor shall be and is responsible to the Company for any Unearned Commissionable Premium associated with any and all agents in Contractor’s down-line, as if such Unearned Commissionable Premium had been earned by Contractor, and all such Unearned

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Commissionable Premium shall be considered to be a loan from the insurance carrier and Company to Contractor and subject to the provisions of this Agreement.

(c) Leads. Contractor is responsible for any and all amounts charged to

Contractor or Company by any lead provider for leads ordered by Contractor, whether pursuant to a one-time order, a standing order, or otherwise. Contractor acknowledges and agrees that after the written cancellation of a lead order has been submitted, it may take up to sixty (60) days for the lead order to cease being processed and sent, and Contractor is responsible for paying for all such leads during this time period, regardless of whether Contractor uses or even receives such leads. Contractor further acknowledges and agrees that it is his or her sole responsibility to submit written cancellation of any and all lead orders if Contractor wishes to no longer receive leads, including, without limitation, upon the expiration or termination of this Agreement or otherwise upon Contractor ceasing to provide the Services. If at any time Company is charged or otherwise pays or becomes in any way responsible to any third party, including, without limitation, any lead provider, for any leads for which Contractor is responsible pursuant to this Agreement (“Company Paid Leads

”), Company may immediately (i) with or without notice to Contractor, offset such amounts against any compensation or other amounts due or payable to Contractor for any reason, and/or (ii) provide notice of such to Contractor and immediately seek repayment from Contractor. Contractor will, immediately upon receipt of notice, repay to Company any and all Company Paid Leads. In the event Company or anyone on Company’s behalf pursues or engages in collection procedures in order to collect from Contractor any Company Paid Leads, Contractor agrees to and shall be responsible for any and all expenses incurred by Company to collect any such indebtedness, including but not limited to, the fees of collection agents, attorneys, or other costs of collection, including court costs. In the event Contractor has a down-line of one or more agents (i.e., insurance agents that sell products and Contractor receives commission or other compensation in connection with those sales), Contractor shall be and is responsible to the Company for any and all amounts charged to those down-line agents or Company by any lead provider for leads ordered by those down-line agents, whether pursuant to a one-time order, a standing order, or otherwise, and all such amounts that are unpaid shall be considered Company Paid Leads as defined above.

4. Conflicts of Interest.

Except as provided below, Contractor may represent, perform services for, and be employed by such additional clients, persons, or companies as Contractor, in Contractor’s sole discretion, sees fit. It is understood that Contractor’s services are available to the general public and not to Company exclusively. In no instance, however, may Contractor perform services, either directly or indirectly in any capacity, including but not limited to services performed as a partner, shareholder, employee, or contractor to or of any entity, if such performance presents a conflict of interest with Company, or if such performance interferes with Contractor’s ability to perform the Services under this Agreement. Further, in no instance may Contractor utilize leads provided to Contractor by or through Company, for the sale of an insurance product or anything else that is written by an insurance company not contracted with Company. For the sake of clarity, Contractor acknowledges and agrees that he/she shall not utilize leads provided to Contractor by or through the Company for the sale of any products other than the Company’s products.

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5.

Equipment, Tools, and Training.

(a) Contractor shall furnish all materials, supplies, equipment and tools necessary or convenient to perform the Services, including, but not limited to, vehicles.

(b) Company may, at Company’s sole discretion, provide training from time

to time related to the Services Contractor is to perform under this Agreement. Contractor shall not be required to utilize or attend any such training that may be offered by Company. Contractor further understands and agrees that Company is neither obligated nor required to furnish or provide training to Contractor. Contractor will generally determine the method, details and means of performing the Services. Company shall not control or have the right to control the exact manner or determine the precise method of accomplishing the Services. However, Company shall be entitled to exercise a broad, general right of supervision and control over the results of the Services performed by Contractor to ensure the timely and satisfactory performance of the Services. This power of supervision shall include the right to research, examine, and offer suggestions or recommendations as to the details of the Services.

6. Confidential Information; Records. Company has and will develop, compile,

and own certain proprietary techniques and confidential information that have great value in its business (“Confidential Information”). Company has and will also have access to Confidential Information of its Customers. For purposes of this Agreement, “Customers” shall mean any persons or entities who purchase insurance through Company, for whom Company performs services, or from whom Company or Contractor obtain information. Confidential Information is to be broadly defined. Confidential Information includes all information that has or could have commercial value or other utility in the business in which Company is engaged or in which it contemplates engaging. Confidential Information also includes all information of which the unauthorized disclosure could be detrimental to the interests of Company, whether or not such information is identified as Confidential Information by Company. By example and without limitation, Confidential Information includes all information concerning Company’s insurance business and its Customers, including but not limited to Customer identities, characteristics, preferences, and any personally identifiable information related to Customers (including names, addresses, phone numbers, account numbers, and social security numbers); any information provided to Contractor by a Customer, including but not limited to electronic information, documents, software, and trade secrets; all manuals, forms, records, and agreements; pricing and product information, computer data information, business plans, strategies, forecasts, budgets, projections, historical sales information, advertising and marketing materials; financial information related to Company or Customers; and Company employee data, including but not limited to any personally identifiable information related to Company employees or their family members. Contractor agrees that at all times during or after the term of this Agreement, Contractor will hold in trust, keep confidential, and not disclose to any third party or make any use of the Confidential Information of Company except for the benefit of Company and in the course of rendering Services to the Company. Contractor acknowledges that Contractor is aware that the unauthorized disclosure of Confidential Information of Company may be highly prejudicial to its interests, an invasion of privacy, and an improper disclosure of trade secrets and financial information and may be in violation of state and federal law.

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7. No Solicitation.

Contractor covenants and agrees that during the term of this Agreement and for a period of two (2) years after termination of this Agreement, Contractor will not, either directly or indirectly, on behalf of himself or herself or anyone else, (i) interfere with the business of Company by inducing any individual or entity to sever its relationship with Company; (ii) solicit any Customers of Company (who are or were Customers at any time during the term of this Agreement or the two year period after termination of this Agreement) for services similar to those performed by Company, even if such services are not directly competitive with Company’s services (including, but not limited to, soliciting Customers for insurance renewals); (iii) employ or attempt to employ any employee of Company (who is or was an employee at any time during the term of this Agreement or the two year period after termination of this Agreement); (iv) induce or attempt to induce any employee of Company to quit or resign from Company; (v) induce or attempt to induce any other independent contractor of Company to sever their relationship with Company; or (vi) engage or attempt to engage, as an independent contractor, any independent contractor of Company (who is or was an independent contractor of the Company at any time during the term of this Agreement or the two year period after termination of this Agreement); provided, however, nothing contained herein shall be interpreted to prevent or prohibit Contractor from employing, engaging, or working with independent contractor insurance agents that Contractor directly recruited to work for Company that were in Contractor’s “down-line” upon the termination of this Agreement or otherwise upon termination of Contractor’s provision of services to Company.

8. Independent Contractor Relationship.

It is the express intention of the Parties that Contractor be an independent contractor and not an employee or agent of Company. Contractor shall have no authority to bind Company with any third party. Nothing in this Agreement shall be construed to create an employer/employee relationship between Company and Contractor. Contractor reserves the right to determine the method, manner, and means by which the Services will be performed. As an independent contractor, Contractor will also pay all expenses in connection with Contractor’s business and hereby warrants that Contractor shall not incur any indebtedness on behalf of Company in connection with expenses resulting from Contractor’s business as a self-employed independent contractor. Unless specifically requested by Company in the case of a meeting, Contractor is not required to perform the Services during a fixed hourly or daily timeframe.

9.

Ownership of Company Names, Service Marks and Materials.

(a) Ownership and Return of Confidential Information and Company Property. All Confidential Information and any materials (including, without limitation, documents, drawings, papers, diskettes, tapes, models, apparatus, sketches, designs, websites, Internet URLs, email addresses and lists) furnished to Contractor by Company, whether delivered to Contractor by Company or acquired by Contractor in the performance of services under this Agreement and whether or not they contain or disclose Confidential Information (collectively, the “Company Property”), are the sole and exclusive property of Company or Company’s suppliers or customers. Within five (5) days after any request by Company, Contractor shall destroy or deliver to Company, at Company’s option, (i) all Company Property, and (ii) all materials in Contractor’s possession or control that contain or disclose any

6

Confidential Information of Company or any of its Customers. Contractor will provide Company a written certification of Contractor’s compliance with Contractor’s obligations under this Section 9(a) if so requested by Company.

(b) No Ownership or Registration of Company Name or Marks.

Contractor agrees and understands that Contractor has no ownership in, or rights to, Company name or marks. Marks for purposes of this Agreement shall include logos, artwork, designs, slogans or any other trademarks or service marks created for, or used by, the Company. Contractor agrees and understands that Contractor shall not register Company name or marks, nor any business name that includes Company name or marks, with any federal, state, city or other governmental authority for any reason. Contractor may not represent that Contractor or Contractor’s business is in any way owned by, or a subsidiary of, Company. Contractor may, during the term of this Agreement, utilize the Company name and marks only in accordance with the Company “Corporate Brand Guidelines Name & Logo Use” document, said document available upon request from Company. During the term of this Agreement, Contractor may represent himself or herself as a representative of Symmetry Financial Group, using a title such as producer, insurance agent, insurance professional, insurance specialist (e.g., mortgage protection specialist or final expense specialist) or other similar title, only as permitted or required by insurance laws in the state or states where Contractor operates Contractor’s business. When using the Company name on written, electronic or printed matter, Contractor must also abide by the use requirements of Section 9(c). Upon termination of this Agreement for any reason, Contractor shall cease to use any Company names or marks.

(c) Stationery, Advertisements, and Other Written or Printed Matter.

In order to comply with state insurance laws, whenever Contractor uses the name of Company on any stationery, advertisements, business cards or other written, electronic, or printed matter used to identify Contractor, such stationery, advertisements, business cards or other written, electronic or printed matter must clearly identify Contractor as follows: “Representing Symmetry Financial Group, LLC.” In the event state insurance laws are enacted that require different language, this Section 9(c) shall automatically be amended to comply with such state insurance laws.

10.

Termination.

(a) Company may terminate this Agreement at any time upon thirty (30) days written notice to Contractor. In addition, if Contractor fails or refuses to comply with the written policies or reasonable directives of Company, is reasonably believed by Company to have engaged in misconduct in connection with the performance of Services, or materially breaches any of the terms or provisions of this Agreement, Company may, at any time, terminate this Agreement immediately and without prior written notice to Contractor.

(b) Contractor may terminate this Agreement upon ninety (90) days written

notice to Company, or immediately upon notice to Company in the event of Company’s material breach of this Agreemen.

(c) Upon the termination of this Agreement, Contractor shall not be entitled to

receive any commissions other than those actually earned as of the effective date of termination.

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A commission will be deemed “earned” when it is actually due and payable (as determined by Company) by applicable insurance carriers and/or brokers, and shall in all events be offset by any amounts due Company. All final commissions earned by Contractor as of the date of termination shall be distributed in accordance with Section 3. Contractor acknowledges and agrees that the affirmative obligations of Contractor as set forth in Sections 3(b), 3(c), 6, 7, and 9 shall survive the termination of this Agreement.

11. Equitable Relief

.

(a) Contractor hereby acknowledges and agrees that a violation of Section 4, 5, 6, 7 or 9 of this Agreement by Contractor would cause irreparable and substantial damage and harm to the Company and could constitute a failure of consideration, and that money damages alone would be inadequate to compensate Company and would not be an adequate remedy for such violation(s). Accordingly, Contractor hereby agrees that, in the event of any breach or threatened breach by Contractor of one or more such sections of this Agreement, Company shall be entitled to obtain from any court of competent jurisdiction (in any jurisdiction) preliminary and permanent injunctive or other equitable relief to restrain any breach or threatened breach or otherwise to specifically enforce the provisions of this Agreement, without the necessity of showing actual damages or furnishing a bond or other security, and in the case of a temporary restraining order, such relief may be granted ex parte and without the necessity of a full hearing on the evidence. Such remedy shall be cumulative and not exclusive, and shall be in addition to any other remedy the aggrieved Party may have including, without limitation, any right to recover damages and the repayment of all profits, compensation, commissions, remuneration and benefits directly or indirectly realized in connection with a breach of this Agreement.

(b) Contractor hereby agrees that if the Company obtains injunctive or other

equitable relief, or any other remedy available at law, in order to prevent or restrain a breach or threatened breach of this Agreement by Contractor, Contractor will pay to Company all costs (including reasonable attorneys’ fees) incurred by Company in connection with any such action, suit or proceeding.

12. Consent to Jurisdiction. All disputes, litigation, proceedings or other legal

actions by any Party to this Agreement in connection with or relating to this Agreement or any other matters between the Parties (collectively, “Disputes

”) shall be instituted either in the courts of the State of North Carolina or State of Alabama, at Company’s discretion. Each Party irrevocably submits to the exclusive jurisdiction of the courts of the states of North Carolina and Alabama, and of the United States sitting in North Carolina and Alabama, in connection with any such dispute, litigation, action or proceeding. Each Party may receive service of process or summons in connection with any such dispute, litigation, action or proceeding brought in any such court by a mailed copy of such process or summons sent to it at its address set forth, and in the manner provided, in the “Notice” section below. Each Party irrevocably waives, to the fullest extent permitted by applicable law, any defense or objection it may now or hereafter have to the laying of venue of any proceeding under this Agreement brought in the courts of Alabama or North Carolina, and any claim that any proceeding under this Agreement brought in any such court has been brought in an inconvenient forum.

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13. Waiver of Jury Trial

. The Parties desire to avoid the time and expense relating to a jury trial of any Dispute. Accordingly, the Parties, for themselves and their successors and assigns, hereby waive trial by jury of any such Dispute. The Parties acknowledge that this waiver is knowingly, freely, and voluntarily given, is desired by both Parties and is in the best interests of both Parties.

14. Enforceability and Reformation; Severability

. The Parties intend for all provisions of this Agreement to be enforced to the fullest extent permitted by law. Accordingly, in the event that any provision or portion of this Agreement is held to be illegal, invalid or unenforceable, in whole or in part, for any reason, under present or future law, such provision shall be severable and the remainder thereof shall not be invalidated or rendered unenforceable or otherwise adversely affected. Without limiting the generality of the foregoing, if a court should deem any provision of this Agreement to create a restriction that is unreasonable as to scope, duration or geographical area, the parties agree that the provisions of this Agreement shall be enforceable in such scope, for such duration and in such geographic area as any court having jurisdiction may determine to be reasonable, and such court shall modify and “blue pencil” such provision to ensure its reasonableness and validity.

15. Miscellaneous Provisions

.

(a) Assignment

. Contractor agrees that Company may assign any or all of its rights or obligations under this Agreement to any third party at any time. Contractor may not assign this Agreement or any of Contractor’s rights or obligations hereunder to any third party, whether by operation of law or otherwise, except with the prior written consent of Company. This Agreement shall be binding upon Contractor and Contractor’s heirs, executors, administrators, and successors, and shall inure to the benefit of the successors and assigns of Company, including any third party who acquires Company, regardless of whether such acquisition takes the form of an acquisition of stock or other equity interests, an acquisition of all or substantially all of Company’s assets, a merger or other combination of Company with and/or into another entity, or otherwise.

(b) Governing Law

. This Agreement shall be governed by and construed in accordance with the laws of the State of Alabama, without regard to any choice of law rules that may direct the application of the laws of another jurisdiction.

(c) Entire Agreement

. The terms of this Agreement are the final expression of the parties’ agreement with respect to the subject matter hereof and may not be contradicted by evidence of any prior or contemporaneous agreement. This Agreement shall constitute the complete and exclusive statement of its terms. Contractor acknowledges that Company has not made any other representations concerning the subject matter of this Agreement.

(d) Notice. Any notices and other communications hereunder shall be in writing and shall be deemed given if delivered personally, sent by overnight courier (providing proof of delivery), or sent by registered or certified mail, postage pre-paid, return receipt requested, to the applicable Party at the following addresses (or at such other address for a Party as shall be specified by like notice):

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If to the Company, to:

Symmetry Financial Group, LLC 204 Whitson Avenue, Suite 2B Swannanoa, NC 28778 Attn: Brandon Ellison

with a copy, which shall not constitute notice, to:

Matthew I. Goforth Goforth Hale LLC2700 Highway 280 SouthSuite 320 W Birmingham, Alabama 35223 Telephone: 205.405.5898 Email: [email protected]

If to Contractor to:

(e) Amendment; Waivers. This Agreement can be amended or terminated only by a written agreement signed by both Parties. No failure to exercise or delay in exercising any right under this Agreement shall operate as a waiver thereof.

(f) Facsimile or Other Electronic Transmission. The Parties agree that execution and delivery of this Agreement by facsimile or any other electronic transmission shall constitute good and valid execution and delivery.

(g) Representation by Counsel. The Parties hereby agree and acknowledge that each has been advised to seek the advice of counsel and has been represented by counsel of its own choice to the extent each party desired in connection with the negotiation and drafting of this Agreement. Contractor warrants that Contractor has read and understands all of the provisions of this Agreement.

[Signature page follows]

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CONTRACTOR HAS READ THIS INDEPENDENT CONTRACTOR AGREEMENT CAREFULLY AND UNDERSTANDS ITS TERMS.

IN WITNESS WHEREOF, the parties have each executed this Agreement as of the date first above written.

CONTRACTOR:

Print Name:

COMPANY:

SYMMETRY FINANCIAL GROUP, LLC

By: Name: M. Brandon Ellison Its: Authorized Officer

[Signature Page to Independent Contractor Agreement]

Sign:

Date: ___________________