Print
Reset
Save
Questions? Go to Fidelity.com/options or call 1-800-544-6666.
Options Application
Use this application to apply to add options trading privileges to your new or existing Fidelity account. If you have already been granted
privileges, use this application to add or update account owner or authorized agent information. Please complete in CAPITAL letters using black ink.
If you need more room for information or signatures, use a copy of the relevant page.
Helpful to Know
Restrictions and Requirements
• Retirement accounts and health savings accounts are
eligible only for the following strategies (non-prototype
accounts are retirement accounts, but they are eligible for
any option level):
– Writing covered calls on equity options
– Buying calls/puts on index, interest rate index, and
equity options
– Buying straddles/combinations on index, interest rate index,
and equity options
– Writing cash-covered index and equity options
– Purchase of collars and conversions of equities
– Hedged puts
• IRAs may have options spread trading added. If interested,
please download and sign the Options Spread Agreement
for IRAs from Fidelity.com.
• Custodial (UGMA/UTMA) accounts are eligible only for
writing covered calls on equity options.
• Trust accounts must provide trustee information where
information on account owners is requested.
• All account owners must complete the account owner
sections and sign Section 5.
• Any authorized agent must complete Section 6 and sign
Section 7.
• Any account owner or authorized individual indicating a
securities industry association must also attach a valid “407
letter” from his or her employer.
Instructions for Corporations and Entities
• Unless options trading is specifically permitted in the
corporate resolution you provided when you opened your
account, you need to provide a new resolution containing
options trading authorization.
• In Section 2, you need to provide information about the
entity and/or the authorized individual, as follows:
– Name: both authorized individual and entity
– Last Four Digits of SSN or Tax ID Number: entity
– Marital Status and Income Source/Employment: no
answers needed
– Associations and Corporate Control Status: authorized
individual
– Investment Experience: authorized individual
• If there is a second authorized individual on the account,
please complete and submit additional copies of Sections 3
and 5. All authorized individuals must sign.
Form continues on next page.
1.734348.119
Page 1 of 7
004010501
1. Current Fidelity Account
If you do not already
have an account at
Fidelity, this form must be
accompanied by a new
account application.
Account Number
New Account Number not yet assigned
2. Account Owner
Includes trustees.
First Name
M.I.
Date of Birth MM DD YYYY
Last Name
Last four digits of SSN or Taxpayer ID
Trust or Entity Name If applicable
Marital Status
Single/Divorced/Widowed
Married
Number of Dependents
Income Source
Check one and
provide information.
Industry regulations
require us to ask for
this information.
Employed:
Self-employed:
Occupation
Employer Leave blank if self-employed.
Employer Address
City
State/Province
Retired:
ZIP/Postal Code
Country
Not employed:
Source of Income Pension, investments, spouse, etc.
Associations and Corporate Control Status
Fidelity is required by industry regulations to determine if you or someone in your household is associated with a financial services company or is a
control person of a corporation. If this does not apply,
skip to “Investment Experience.”
If you check this box,
attach a compliance
officer’s letter of approval
(“407 letter”). If your
association is with your
employer, we must let
them know that you
have applied for this
account. Having an
account at a firm does
not mean you are
associated with that firm.
You are associated with or employed by a stock exchange, exchange member, FINRA, or municipal securities dealer:
Same as employer above.
Entity Name
Entity Address
City
State/Province
ZIP/Postal Code
Country
You are, or someone in your household or immediate family is, a control person of a publicly traded company
under SEC Rule 144 (such as director, 10% shareholder, policymaking officer, or member of the board of directors).
Company Name
Trading Symbol
Investment Experience
Provide the number
of years trading
each security.
Provide the average size
and frequency of prior
securities transactions.
Stocks
Years
Bonds
Years
Commodities
Average Size $1,000, $5,000, $10,000, etc.
Years
Equity
Options
Years
Index
Options
Transactions per Month
Form continues on next page.
1.734348.119
Page 2 of 7
004010502
Years
3. Additional Account Owner
ALL owners must be
listed. For additional
owners, use a copy
of this section.
First Name
M.I.
Date of Birth MM DD YYYY
Last Name
Last four digits of SSN or Taxpayer ID
Trust or Entity Name If applicable
Marital Status
Single/Divorced/Widowed
Married
Number of Dependents
Income Source
Check one and
provide information.
Industry regulations
require us to ask for
this information.
Employed:
Self-employed:
Occupation
Employer Leave blank if self-employed.
Employer Address
City
State/Province
Retired:
ZIP/Postal Code
Country
Not employed:
Source of Income Pension, investments, spouse, etc.
Associations and Corporate Control Status
Fidelity is required by industry regulations to determine if you or someone in your household is associated with a financial services company or is a
control person of a corporation. If this does not apply,
skip to “Investment Experience.”
If you check this box,
attach a compliance
officer’s letter of approval
(“407 letter”). If your
association is with your
employer, we must let
them know that you
have applied for this
account. Having an
account at a firm does
not mean you are
associated with that firm.
You are associated with or employed by a stock exchange, exchange member, FINRA, or municipal securities dealer:
Same as employer above.
Entity Name
Entity Address
City
State/Province
ZIP/Postal Code
Country
You are, or someone in your household or immediate family is, a control person of a publicly traded company
under SEC Rule 144 (such as director, 10% shareholder, policymaking officer, or member of the board of directors).
Company Name
Trading Symbol
Investment Experience
Provide the number
of years trading
each security.
Provide the average size
and frequency of prior
securities transactions.
Stocks
Years
Bonds
Years
Commodities
Average Size $1,000, $5,000, $10,000, etc.
Years
Equity
Options
Years
Index
Options
Years
Transactions per Month
Form continues on next page.
1.734348.119
Page 3 of 7
004010503
4. Objective and Trading Plans
Investment Objective
Check the objective that
most closely reflects your
approach for this account.
For more on objectives,
go to Fidelity.com/
investmentobjective.
Industry regulations
require us to ask for this
information.
Lower Risk / Shorter Time Frame
Short-term
Seek to preserve capital
and can accept
the lowest
returns in
exchange for
price stability.
Higher Risk / Longer Time Frame
Conservative
Seek to
minimize
fluctuations in
market values
by taking
an incomeoriented
approach with
some potential
for capital
appreciation.
Balanced
Seek the
potential
for capital
appreciation
and some
income and
can withstand
moderate
fluctuations in
market values.
Growth
Seek growth
and can
withstand
significant
fluctuations in
market values.
Aggressive
Growth
Seek aggressive
growth and can
tolerate wide
fluctuations in
market values,
especially over
the short term.
Most
Aggressive
Seek very
aggressive
growth and
can tolerate
very wide
fluctuations in
market values,
especially over
the short term.
Trading Strategy
Is your investment objective (above) Most Aggressive? If so, choose one of the following
trading strategies: A, B, C, D, or E. If not, choose A ONLY.
Plans C, D, and E
require margin. If you
do not already have
margin, attach a Margin
Application. If you are
selecting C, D, or E for a
Non-Prototype Retirement
Account, see the
important information in
Section 5, Account Owner
Signatures and Dates.
A
Covered
call writing
on equity
options
B
Purchases of calls
and puts (equity,
index, and interest
rate index), writing of
cash covered puts,
purchases of straddles/
combinations (equity,
index, and interest
rate index), collars
and conversions of
equities, and hedged
puts (also includes A)
C
Equity and
index spreads,
covered put
writing (selling
puts against
stock that is
held short),
and reverse
conversions of
equity options
(also includes A
and B)
D
Uncovered
writing of
equity options,
uncovered
writing of
straddles/
combinations
on equities and
convertible
hedging (also
includes A, B,
and C)
E
Uncovered
writing of
index options,
uncovered
writing of
straddles/
combinations on
indexes, covered
index options,
and collars and
conversions of
index options
(also includes A,
B, C, and D)
Financial Profile
Answer for ALL owners combined. Trusts/entities: Answer based on trust/entity assets.
Check one in
each column.
Industry regulations
require us to ask for
this information.
Annual Income
Estimated Net Worth
Estimated Liquid Net Worth
From all sources
Excluding your home
Cash and assets easily converted to cash
$0 – $20,000
$0 – $30,000
$0 – $15,000
$20,001 – $50,000
$30,001 – $50,000
$15,001 – $50,000
$50,001 – $100,000
$50,001 – $100,000
$50,001 – $100,000
$100,001 or more
$100,001 – $500,000
$100,001 – $500,000
$500,001 or more
$500,001 or more
Form continues on next page.
1.734348.119
Page 4 of 7
004010504
5. Account Owner Signatures and Dates
ALL account owners must sign and date. For additional owners, use a copy of this page.
“You/your” refers to all account owners.
By signing below, you:
• Affirm that you have received, read,
understand, and agree to be bound by the
Options Agreement (the “Agreement”)
and disclosure materials identified in the
Agreement, all as currently in effect and
as may be amended in the future. The
Agreement shall inure to the benefit of
Fidelity’s successors and assigns, whether
by merger, consolidation, or otherwise.
Fidelity may transfer your account to its
successors and assigns, and this Agreement
shall be binding upon your heirs, executors,
administrators, successors, and assigns.
• Certify that you have provided Fidelity
with the required personal, financial, and
investment information for all parties
authorized to place trades on this account,
including any authorized agents, that all
information provided is correct, and that you
will ensure that any parties who subsequently
gain this authority will provide required
information about themselves to Fidelity.
• Agree to forward copies of the Options
If adding Options Trading Plan C, D, or E
Agreement and the disclosure materials to
to a Non-Prototype Retirement Account:
any authorized agents.
• Acknowledge that you have read and
• Acknowledge that if you have not checked
understand the following points: As trustee,
either box in the section titled Associations
it is your responsibility to ensure that
and Corporate Control Status, you represent
all account transaction and investment
and warrant that you are not associated with
instructions provided are in accordance
or employed by a stock exchange or a brokerwith the underlying plan and trust.
dealer and that you are not a control person
In addition to risks generally applicable to
or associate of a public company under SEC
margin borrowing, utilizing margin within a
Rule 144 (such as a director, 10% shareholder,
tax-advantaged retirement account poses
or a policymaking officer), or an immediate
other risks, including: 1) using account assets
family or household member of such
to satisfy margin calls reduces tax-advantaged
a person.
savings, 2) annual contribution limits may
• Acknowledge that Fidelity will not be
restrict a plan trustee’s ability to satisfy
liable for any loss, expenses, or cost arising
margin calls, and 3) debt-financed investment
out of your instructions, provided that it
income within a tax-advantaged account
institutes reasonable procedures to prevent
can generate unrelated business taxable
unauthorized transactions.
income (UBTI). You are strongly encouraged
to consult your tax or benefits advisor prior to
utilizing margin borrowing on this account.
These accounts are governed by a predispute arbitration clause, which appears on the last page of the Options Agreement, and you
acknowledge that you have received a copy of this clause.
Print Owner Name
Date
MM - DD - YYYY
Date
MM - DD - YYYY
SIGN
Owner Signature
Print Owner Name
SIGN
Owner Signature
Form continues on next page.
1.734348.119
Page 5 of 7
004010505
6. Authorized Agent
If there is an authorized agent on this account, the agent must complete and sign this section. Attach a Trading Authority form (available at
Fidelity.com) unless one is already on file for this authorized agent.
For additional authorized
agents, make a copy of
this section.
First Name
Middle Name
Title
Last Name
Relationship to Owner Investment advisor, family, trustee, etc.
Last four digits of SSN or Taxpayer ID
Income Source
Check one and
provide information.
Industry regulations
require us to ask for
this information.
Employed:
Self-employed:
Occupation
Retired:
Employer Leave blank if self-employed.
Not employed:
Source of Income Pension, investments, spouse, etc.
Investment Experience
Provide the number
of years trading
each security.
Provide the average size
and frequency of prior
securities transactions.
Stocks
Years
Bonds
Commodities
Years
Average Size $1,000, $5,000, $10,000, etc.
Years
Equity
Options
Years
Index
Options
Years
Transactions per Month
Options Trading Experience
Check all that apply.
Covered call writing on equity options
Purchases of calls and puts (equity, index, and interest rate index), writing of cash covered puts, purchases of
straddles/combinations (equity, index, and interest rate index), collars and conversions of equities, and hedged puts
Equity and index spreads, covered put writing (selling puts against stock that is held short), and reverse conversions
of equity options
Uncovered writing of equity options, uncovered writing of straddles/combinations on equities and
convertible hedging
Uncovered writing of index options, uncovered writing of straddles/combinations on indexes, covered index
options, and collars and conversions of index options
7. Authorized Agent Signature and Date
By signing below, you:
• Affirm that you have received, read,
understand, and agree to be bound by the
Options Agreement (the “Agreement”)
and disclosure materials identified in the
Agreement, all as currently in effect and
as may be amended in the future. The
Agreement shall inure to the benefit of
Fidelity’s successors and assigns, whether by
merger, consolidation, or otherwise.
• Accept all terms and conditions described
in this application and in the Options
Agreement.
• State that you are familiar with and
understand the investment objectives and
trading plans of the account owner(s) and will
only use trading strategies that are consistent
with those objectives and plans.
• Certify that you have provided Fidelity
with your required personal, financial,
and investment information, and that this
information is complete and truthful.
These accounts are governed by a predispute arbitration clause, which appears on the last page of the Options Agreement, and you
acknowledge that you have received a copy of this clause.
Print Authorized Agent Name
Date
MM - DD - YYYY
SIGN
Authorized Agent Signature
1.734348.119
Page 6 of 7
004010506
Did you print and sign the form, and attach any necessary documents?
Send the ENTIRE form and any attachments to Fidelity Investments. You will
receive a new account profile, or updated account profile confirming the
changes indicated on the application.
Questions? Go to Fidelity.com/options or call 1-800-544-6666.
Use postage-paid envelope, drop off at a Fidelity
Investor Center, OR deliver to:
Regular mail
Overnight mail
Fidelity Investments
P.O. Box 770001
Cincinnati, OH 45277-0002
Fidelity Investments
100 Crosby Parkway KC1K
Covington, KY 41015
On this form, “Fidelity” means Fidelity Brokerage Services LLC and its affiliates. Brokerage services are provided by
Fidelity Brokerage Services LLC, member NYSE, SIPC. All trademarks and service marks indicated are the property
of their respective owners. 427178.6.0 (7/13)
1.734348.119
Page 7 of 7
004010507
Options Agreement
This document describes the features,
policies, costs, and risks associated
with options trading. Please review this
document and keep it for your records.
Do not return it to Fidelity.
How to Contact Us
For matters concerning your account, including questions,
changes, and notifications of errors, reach us:
By Phone
In Writing
1-800-544-6666
Fidelity Investments
PO Box 770001
Cincinnati, OH 45277-0045
Who’s Who in This Agreement
In this document, “Fidelity,” “us,” and “we” includes Fidelity
Brokerage Services LLC (“FBS”), Fidelity Distributors Corporation,
and National Financial Services LLC (“NFS”), and their employees,
agents, and representatives, as the context may require. “You” and
“account owner” refer to the registered owner(s) of the account or
to any new account applicant; for any account with more than one
owner or authorized person (such as a joint or trust account), “you”
and “account owner” or “account owners” refer to all owners,
collectively and individually.
Commitments by Fidelity and You
Fidelity’s Commitments to You
Under this agreement, Fidelity has certain rights and responsibilities.
When we accept your options application, we are agreeing to accept
instructions on your account for buying, writing, and exercising options,
according to the terms described in this agreement.
Your Commitments to Fidelity
By signing the options application, you:
• Acknowledge that you have received this agreement and the appropriate
Options Disclosure Document(s) of The Options Clearing Corporation,
that you accept the terms of this agreement, and that you will not
enter any order for options until you have read and understood both
the agreement and the Options Disclosure Document(s)
• Specifically affirm that you understand the risks of options as described
in this agreement and the Options Disclosure Document(s), and that in
full knowledge of these risks you have determined that options trading
is appropriate for you, based on your own careful examination of your
financial resources, investment objectives, and risk tolerance
• Acknowledge, and agree to be bound by, the rules of the Financial
Industry Regulatory Authority (FINRA), the New York Stock Exchange,
Inc. (NYSE), and The Options Clearing Corporation that apply to
options contracts
• Agree that you, whether alone or in concert with others, will not violate
the position or exercise limits of the options exchanges as set forth in
Options Disclosure Document(s)
• Agree not to hold Fidelity liable in connection with the execution,
handling, selling, purchasing, or endorsing of options for your account
• Agree to let us monitor and/or record any phone conversations with you
• Agree to let us verify the information you provide, such as payment
and employment information, and obtain credit reports and other
credit-related information about you at any time
• Agree to resolve disputes concerning your relationship with us (other
than class actions) through arbitration rather than in a court of law
• Agree to notify us in writing any time there is a material change in your
financial circumstances or investment objectives
Options Transaction Policies
The following policies are intended to protect you, your account, and
Fidelity from potential negative impacts that may result from utilizing
options strategies in your account. For example, the minimum equity/
position requirement discussed below is intended to help ensure that an
adequate amount of cash or securities remains in the account to cover
possible costs or liabilities that may result from options strategies that
you choose to utilize.
Minimum equity/position requirement
For each account approved for options trading, we will determine a
minimum level of equities and/or other positions that the investor must
maintain in the account. We may change this amount at any time, at our
discretion and without advance notice. You may contact a Fidelity representative for information on the applicable limit for your account. It is
your responsibility to ensure that your required minimum has been met
before writing any option. You authorize us to not generally allow withdrawals of cash or securities that would reduce either your equity or
position balance to below your required minimum, and to refuse orders
to sell securities that are being held in connection with your required
minimum. You agree not to hold us liable for any loss that you may sustain as a result of the enforcement of this policy on required minimums.
Exercise of options
As the account owner, it is your responsibility to exercise, in a proper
and timely manner, any right, privilege, or obligation of any put, call, or
other option that we may purchase, handle, endorse, or carry for your
account(s).
However, in the absence of any instructions from you, you authorize
us to exercise any in-the-money options that remain in your account
on their expiration day, so long as they are in-the-money by $0.01 or
greater or otherwise in accordance with Fidelity’s policies then in effect,
as applicable. If you do not want us to exercise an expiring option, you
must notify us by 4:20 p.m. Eastern time on the last business day before
the expiration date. If we do not receive your instructions by this time,
you agree to waive any and all claims for damage or loss that you might
have against us, at that time or later, arising out of the fact that we did
not receive your orders to exercise or not exercise in time. If sufficient
assets and/or other positions are not available to cover the exercise of
an option, you authorize Fidelity to take the following action, among others, on your behalf: placing an order to sell a long position or instructing
the OCC not to exercise valuable options on or prior to the last trading
day. If an option is exercised, you authorize us to close out the position(s)
that result from the exercise. You agree to waive and to release us and
our officers, employees and agents from any and all claims of damage or
loss, then or at a later time sustained, as a result of the exercise or nonexercise of an option contract(s).
When an option is exercised, the resulting position ordinarily is maintained
in your account until we receive further instructions from you. However, if
a position cannot be maintained (for instance, if it would result in a short
position in a retirement account, result in an equity level that is below
the aforementioned minimum, or if there are no shares available for a
short sale), you authorize us to liquidate the position at your sole risk and
charge you two commissions.
When an option is exercised, you will be charged the full aggregate exercise price for any underlying security.
Allocation of exercise notices
In allocating exercise notices, we use the random selection method, meaning that the options to be exercised are selected at random from all short
option positions that are open at the time (including those established that
day). All short option positions may be assigned at any time. A detailed
description of this method is available upon written request.
Options Agreement 1 of 3
Protective steps you authorize us to take
You authorize us to hold any securities and funds in any of your
Fidelity accounts and use them as security for the performance of your
obligations to us under this agreement with respect to any open
options position.
If you have margin on your account, and you do not meet our margin
calls promptly, we may, in our sole discretion and without notifying you,
take any and all steps necessary to protect ourselves in connection with
options transactions made for your account. This may include such steps
as buying or selling short any or all shares represented by options in your
account, or buying, selling, exercising or blocking the exercise of any put
or call options. In such a case, you will be required to reimburse us for
any losses and expenses that we incur, including attorneys’ fees.
If you become insolvent or die, or if your property is attached by others,
we may take whatever steps we consider necessary or appropriate to
protect our interests against loss.
All obligations and liabilities arising under this account are joint and
several, and we may enforce them against any or all account holders.
Although Fidelity may use other methods when it determines they may
be more appropriate, Fidelity reserves the right to use the provisions
described in this section at any time, except in cases involving retire-
ment accounts when these provisions would conflict with the Employee
Retirement Income Security Act of 1974 (ERISA) or the Internal Revenue
Code of 1986, both as amended.
Limits to Our Responsibility
Although we strive to ensure the quality and reliability of our services,
including electronic services (such as online, wireless, and automated
telephone services), neither we nor any third party whose services
we arrange for is responsible for the availability, accuracy, timeliness,
completeness, or security of any service related to your account.
You therefore agree that we are not responsible for any losses you incur
(meaning claims, damages, actions, demands, investment losses, or other
losses, as well as any costs, charges, attorneys’ fees, or other fees and
expenses) as a result of any of the following:
• Occurrences related to governments or markets, such as restrictions,
suspensions of trading, or high market volatility or trading volumes
• Uncontrollable circumstances in the world at large, such as wars, earthquakes, power outages, or unusual weather conditions
• Occurrences related to computers and communications, such as a
network or systems failure, a message interception, or an instance
of unauthorized access or breach of security
Important Information about Options Trading and Its Risks
Before you make use of options in any
way, it’s essential to fully understand the
risks involved, and to be certain that you
are prepared to accept them. The bullets
below outline general risks as well as
the special risks associated with writing
uncovered options.
General Risks
• Options are complex and risky, and are
not suitable for many investors. This
applies to both the purchase and the
writing of options. Unless you clearly
understand the rights and obligations that
an options transaction creates for you —
and the inherent risks involved, especially
during extreme market volatility or trading
volumes — you should avoid options.
• When buying an option, or when writing a covered call option, you can lose
100% of your investment. This includes
both the premium you paid and your
transaction costs. A covered call option
is one for which you own the underlying
security (or another security convertible,
exchangeable, or exercisable into that
security). As noted below, with uncovered options, you can lose more than
100% of your investment.
• Many factors affect the price of an
options contract. Pricing can be influenced by such factors as the relationship
between the exercise price and the
market price of the underlying security,
the expiration date of the option, and the
price fluctuations or other characteristics
of the underlying stock.
• Market conditions or temporary restrictions of trading or exercising may
interfere with your trading plans. If the
secondary market for a given option
were to become unavailable — temporarily or permanently — investors could
not engage in closing transactions, and
an option writer would remain obligated
until expiration or assignment.
In addition, an options exchange or any
regulatory body with jurisdiction may
restrict transactions in particular options,
or the exercise of options contracts, from
time to time and based solely on their
own discretion.
• Index options have special characteristics and risks. Index option exercises
are settled with cash, not securities. In
addition, because the exercise price of
an index option is always based on the
closing index value, an index option that
is in the money during trading hours may
be out of the money when the closing
value is calculated — a risk to consider
whenever you place an exercise order
before the closing value is known.
Additional Risks of
Uncovered Options
Writing uncovered options is suitable only
for the investor who understands the risks,
has the financial capacity and willingness to
incur potentially substantial losses, and has
sufficient liquid assets to meet applicable
margin requirements.
• Any time you write an uncovered
option, you expose yourself to
significant financial losses. If the value
of the underlying instrument(s) moves
against you, your losses could be many
times greater than the cost of the option
itself. If an underlying instrument is
affected by rapid price volatility or high
trading volume, you may be unable to
close out your position and you may be
forced to endure significantly greater
losses than otherwise.
• With certain uncovered options, your
potential losses are unlimited. These
include writing an uncovered call and
combination writing (writing both a put
and a call on the same underlying instrument). The risk of writing an uncovered
put option is not theoretically unlimited,
but in practice the losses can be as substantial as with writing an uncovered call.
• Writing uncovered options may trigger a margin call. If the value of an
underlying instrument moves against
your uncovered options position, your
broker may demand significant additional
margin payments. If you’re not able to
make these payments, your broker may
sell securities in your accounts, liquidate
options positions, or take other measures
as described in your margin agreement.
• American-style options work differently
from European-style options. The writer
of an American-style option is subject to
being assigned an exercise at any time
after he or she has written the option
until the option expires. By contrast, the
writer of a European-style option is
subject to exercise assignment only
during the exercise period.
The information here is only a summary
of the risks associated with options. As
required by this agreement, be sure to read
“Characteristics and Risks of Standardized
Options,” in particular the chapter called
“Risks of Buying and Writing Options.”
If you have any questions or concerns
about options, please contact Fidelity.
Options Agreement 2 of 3
Terms Concerning This Agreement
If you have a margin agreement with Fidelity, it is incorporated into this
one by reference (legally considered part of this document). In the case
of any conflict between the two agreements, this one will prevail.
This agreement and its enforcement are governed by the laws of the
Commonwealth of Massachusetts, except with respect to its conflictsof-law provisions.
All options transactions and exercises are subject to the rules and
customs of The Options Clearing Corporation and of the marketplace
where they are executed, as well as to applicable state and federal laws.
We may amend or terminate this agreement at any time. This may include
changing, dropping, or adding fees and policies, changing features and
services or the entities that provide them, and limiting the usage or availability of any feature or service, within the limits of applicable laws and
regulations. Although it is our policy to send notice to account owners
of any material changes, we are not obligated to do so in most cases.
Outside of changes originating in these ways, no provision of this agreement can be amended or waived except in writing by an authorized
representative of Fidelity.
Fidelity may transfer its interests in this account or agreement to any of
its successors and assigns, whether by merger, consolidation, or otherwise. You may not transfer your interests in your account or agreement
(including de facto transferral by giving a non-owner access to the account
using a personal identification number [PIN]), except with the prior written approval of Fidelity, or through inheritance, corporate dissolution,
or similar circumstance, as allowed by law, in which case any rights and
obligations in existence at the time will accrue to, and be binding on,
your heirs, executors, administrators, successors, or assigns.
We may enforce this agreement against any and all account owners.
Although we may not always enforce certain provisions of this agreement,
we retain our full right to do so at any time.
If any provision of this agreement is found to be in conflict with applicable laws, rules, or regulations, either current or future, that provision will
be enforced to the maximum extent allowable, or made to conform, as
the case may be. However, the remainder of this agreement will remain
fully in effect.
Disclosures
Receipt of Communications
Note that so long as we send communications to you at the physical
or electronic address of record given on the application, or to any other
address given to us by an authorized person, the communications are
legally presumed to have been delivered, whether you actually receive
them or not. In addition, confirmations and statements are legally
presumed to be accurate unless you specifically tell us otherwise.
Personal Information
For the name and address of any credit reporting agency from which
we or a card issuer has obtained information about you, send a written
request to us or the card issuer, as applicable.
Service Providers
Brokerage account and margin credit services are provided by NFS, an
affiliate of FBS. Bonds may be traded through NFS (which may choose to
act as principal or agent) or through external dealers. Services available
through this account are the property of Fidelity or the third parties from
which Fidelity has obtained rights.
Routing of Orders
Some options are traded in more than one marketplace. Absent any
specific instructions from you, we may choose the market in which your
transactions in these options are executed.
Resolving Disputes — Arbitration
This agreement contains a pre-dispute arbitration clause. Under this clause, which you
agree to when you sign your account application, you and Fidelity agree as follows:
A. All parties to this agreement are giving
up the right to sue each other in court,
including the right to a trial by jury,
except as provided by the rules of the
arbitration forum in which a claim is filed.
B. Arbitration awards are generally final and
binding; a party’s ability to have a court
reverse or modify an arbitration award is
very limited.
C. The ability of the parties to obtain documents, witness statements, and other
discovery is generally more limited in
arbitration than in court proceedings.
D. The arbitrators do not have to explain
the reason(s) for their award unless, in
an eligible case, a joint request for an
explained decision has been submitted
by all parties to the panel at least 20
days prior to the first scheduled hearing
date.
E. The panel of arbitrators may include a
minority of arbitrators who were or are
affiliated with the securities industry.
F. The rules of some arbitration forums may
impose time limits for bringing a claim in
arbitration. In some cases, a claim that is
ineligible for arbitration may be brought
in court.
G. he rules of the arbitration forum in
T
which the claim is filed, and any amendments thereto, shall be incorporated
into this agreement.
All controversies that may arise between
you and us concerning any subject matter,
issue or circumstance whatsoever (including, but not limited to, controversies
concerning any account, order or transaction, or the continuation, performance,
interpretation or breach of this or any
other agreement between you and us,
whether entered into or arising before, on
or after the date this account is opened)
shall be determined by arbitration in
accordance with the rules then prevailing of the Financial Industry Regulatory
Authority (FINRA) or any United States
securities self-regulatory organization
or United States securities exchange of
which the person, entity or entities against
whom the claim is made is a member, as
you may designate. If you designate the
rules of a United States self-regulatory
organization or United States securities exchange and those rules fail to be
applied for any reason, then you shall
designate the prevailing rules of any other
United States securities self-regulatory
organization or United States securities
exchange of which the person, entity or
entities against whom the claim is made
is a member. If you do not notify us in
writing of your designation within five (5)
days after such failure or after you receive
from us a written demand for arbitration,
then you authorize us to make such designation on your behalf. The designation of
the rules of a self-regulatory organization
or securities exchange is not integral to
the underlying agreement to arbitrate. You
understand that judgment upon any arbitration award may be entered in any court
of competent jurisdiction.
No person shall bring a putative or certified class action to arbitration, nor seek
to enforce any predispute arbitration
agreement against any person who has
initiated in court a putative class action;
or who is a member of a putative class
action who has not opted out of the class
with respect to any claims encompassed
by the putative class action until: (i) the
class certification is denied; or (ii) the
class is decertified; or (iii) the customer is
excluded from the class by the court. Such
forbearance to enforce an agreement to
arbitrate shall not constitute a waiver of
any rights under this agreement except to
the extent stated herein.
© 2013 Fidelity Brokerage Services LLC and National Financial Services LLC, Members NYSE, SIPC
1.734349.112
439614.5.0
Options Agreement 3 of 3
