Terms of Service

What are these terms about?

These terms govern your use of the bouchardasscts.com website and any advisory services provided by Bouchard & Associates Ltd. (Alberta Corporate Registry No. 2017924681), located at 8211 101 Avenue NW, Edmonton, Alberta T6A 0K4.

By using this website or engaging our services, you agree to these terms in full. If you do not agree, please discontinue use of the site and do not proceed with an advisory engagement. These terms apply to all visitors, prospective clients, active clients, and former clients accessing historical deliverables through our client portal.

What services does Bouchard & Associates provide?

Bouchard & Associates Ltd. provides business banking advisory services to professional firms and service-based companies. Our services include, but are not limited to:

• Banking Relationship Audits (forensic scorecards across 14+ banking products)
• Credit facility structuring, negotiation, and commercial loan closing package preparation
• Treasury management optimization, including lockbox services, automated sweeps, and earnings credit rate calculation
• Lender selection and competitive RFP management across Big Five banks, ATB Financial, Servus Credit Union, Connect First Credit Union, and alternative lenders
• Covenant compliance monitoring (DSCR, current ratio, leverage ratios) with quarterly dashboards
• Banking fee recovery and retrospective dispute resolution
• Growth-stage banking architecture, including payroll infrastructure, multi-entity account structures, and business checking and savings account selection
• Interest rate and foreign exchange risk management
• Banking relationship transition management
• Annual banking strategy retainers with dedicated advisory team access

We are not a financial institution. Bouchard & Associates Ltd. does not accept deposits, issue credit, extend loans, or hold client funds. We do not provide business lines of credit, business succession lending, or any direct banking products. All banking product recommendations are advisory in nature. Final credit decisions, interest rates, loan-to-value ratio requirements, and fee structures are determined by the issuing financial institution. Past client results — including the $2.4 billion in aggregate credit facilities negotiated since 2007 and the 94% approval rate on Bouchard-prepared submissions — do not guarantee future outcomes.

Can I cancel an engagement?

Yes. Either party may terminate an advisory engagement with 30 days' written notice delivered to the other party's registered address or primary email on file.

The specific terms of cancellation depend on your engagement type:

• Project-based engagements (Banking Relationship Audits, credit facility structuring, lender selection, fee recovery, transition management): If you cancel before completion, you are responsible for fees incurred through the date of termination, calculated on a pro-rata basis against the total engagement scope. Deliverables completed through the termination date (deposit activity summaries, collateral valuation summaries, equipment lease schedules, ACH processing reports, or partial scorecards) will be provided to you within 10 business days of termination.
• Retainer engagements (Annual Banking Strategy Review): Retainer engagements may be cancelled at the end of any monthly billing cycle with 30 days' written notice. The final month's retainer fee covers advisory access through the end of that billing period. There are no cancellation penalties beyond fees earned for work completed.
• In-progress credit applications: If you cancel during an active credit facility negotiation, we will complete any submissions already in adjudication at no additional charge. Commercial loan closing packages that have been prepared but not yet submitted remain your property.

There are no early termination penalties, exit fees, or clawback provisions in any Bouchard & Associates engagement agreement.

Who owns the deliverables?

All deliverables produced during an engagement become your property upon payment of associated fees. This includes, without limitation:

• Banking Relationship Scorecards (25-40 page forensic assessments)
• Credit application packages and commercial loan closing packages
• Covenant compliance dashboards and early-warning configurations
• Cash flow models, collateral valuation summaries, and equipment lease schedules
• Lender comparison analyses and competitive RFP documentation
• Written preliminary assessments, fee recovery claims, and deposit activity summaries
• Treasury architecture designs, ACH processing reports, and account structure recommendations

Bouchard & Associates retains the right to use anonymized, aggregated data from engagements for internal benchmarking and research purposes. This includes our quarterly "Western Canadian Business Banking Conditions Report," published by Dr. Sandra Fong and distributed to 900+ subscribers. No client-identifying information — including firm name, principal names, revenue figures, or specific credit facility details — is ever disclosed without explicit written consent.

Our proprietary methodologies, scoring frameworks, and analytical tools (including the 14-page Banking Relationship Scorecard template developed by Danielle Fréchette) remain the intellectual property of Bouchard & Associates Ltd.

What are your liability limits?

Bouchard & Associates Ltd. provides advisory services based on professional judgment, current market data, and competitive intelligence gathered from financial institutions across Western Canada. We do not guarantee specific outcomes. This includes, without limitation:

• Credit application approval (our 94% approval rate is a historical average, not a guarantee for any individual submission)
• Interest rate reductions or specific basis point savings
• Fee recoveries (our aggregate $620,000+ in recovered overcharges reflects cumulative results since 2012)
• Specific dollar returns on advisory fees (the $4.10 return per $1.00 invested is a median across all engagements, not a per-client guarantee)
• Covenant amendment approvals or personal guarantee removal

Our maximum aggregate liability for any engagement is limited to the total fees paid by the client for that specific engagement. Bouchard & Associates Ltd. is not liable for:

• Decisions made by financial institutions, including credit adjudication outcomes, rate changes, or covenant enforcement actions
• Changes in Bank of Canada policy rate, prime lending rate, or credit market conditions
• Actions taken by clients based on our recommendations where the client deviated from the recommended implementation plan
• Losses arising from Regulation O insider lending rules or other regulatory requirements that affect specific client-lender relationships
• Tax consequences of banking structure changes (clients should consult their own CPA or tax advisor)

This limitation applies regardless of the form of action — whether in contract, tort (including negligence), strict liability, or otherwise.

How do you handle disputes?

We hope it never comes to this, but if a dispute arises, we commit to a structured resolution process:

• Step 1 — Direct Discussion (Days 1-10): The client's assigned advisory team member and Bouchard & Associates' principal (Marc-Étienne Bouchard) will engage in good-faith discussion with the client to understand and attempt to resolve the concern.
• Step 2 — Formal Negotiation (Days 10-30): If informal discussion does not resolve the matter, both parties commit to structured negotiation with clearly defined positions, proposed resolutions, and supporting documentation.
• Step 3 — Mediation (Days 30-60): If negotiation is unsuccessful within 30 days, the dispute will be referred to mediation conducted in Edmonton, Alberta, by a mutually agreed-upon mediator. Mediation costs will be shared equally between the parties.
• Step 4 — Arbitration: If mediation does not produce a resolution, the dispute will be resolved through binding arbitration under the Alberta Arbitration Act (RSA 2000, Chapter A-43). The arbitration will take place in Edmonton, Alberta. The arbitrator's decision will be final and binding on both parties.

The governing law for all disputes is the Province of Alberta, Canada. Both parties agree to submit to the exclusive jurisdiction of the courts of Alberta for any matters not subject to arbitration.

What about the website specifically?

The bouchardasscts.com website is provided for informational purposes. The following terms apply specifically to your use of this website:

• Content on this site — including descriptions of banking products, interest rate environments, regulatory frameworks, and commercial relationship management strategies — does not constitute financial advice, banking advice, or a recommendation to take any specific action with your financial institution.
• Statistics cited on this site (including the $2.4 billion in negotiated credit facilities, 94% approval rate, 120+ active clients, and $4.10 return per $1.00 invested) are based on historical data through the most recent reporting period and are not guarantees of future results.
• Case studies and client testimonials represent individual engagement outcomes. Individual results vary based on firm size, industry, existing banking arrangements, credit profile, and market conditions.
• Content is updated periodically but may not reflect the most current interest rate environment, lender policies, earnings credit rate calculations, or regulatory requirements.
• The client portal (login.html) is provided exclusively for existing Bouchard & Associates clients. Unauthorized access attempts are logged and may be reported to appropriate authorities.
• Links to third-party websites (financial institutions, regulatory bodies, industry organizations) are provided for convenience and do not constitute endorsement. We are not responsible for the content, privacy practices, or availability of external sites.

Can these terms change?

Yes. We may update these terms from time to time to reflect changes in our services, regulatory requirements, or business practices. The process works as follows:

• Material changes will be posted on this page with an updated "Last updated" date at the top of the document.
• Continued use of the bouchardasscts.com website after changes are posted constitutes acceptance of the updated terms.
• If you are an active retainer client, we will notify you directly of any material changes via email to your primary contact address on file at least 15 business days before the changes take effect.
• If you are engaged in an active project-based engagement, material changes will not apply retroactively to your current engagement — they apply only to future engagements initiated after the effective date.
• Previous versions of these terms are available upon request by contacting Tyler Brandt at (205) 852-4265 or [email protected].

These terms were last reviewed and updated on October 15, 2026.