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Risk Waiver & Release Agreement

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Please read carefully, initial each acknowledgment, and provide your typed signature at the end. A copy is emailed to you and to the MarksFX team as soon as you submit.

MARKSFX ACADEMY

Copy Trading Risk Waiver & Release Agreement

This is a risk waiver — read carefully before signing

By signing below, you waive important legal rights. Make sure you understand what you are giving up.

Read the full agreement carefully. Copy trading and leveraged FX trading involve a high level of risk and may result in the loss of all funds deposited. Past performance does not guarantee future results.

1. Participant Information

2. Client Confirmations — Initial Each Statement

Type your initials (e.g. "JD") next to each of the 34 statements to indicate you have read and understood it.

  • 1.I understand that Mark trades the designated master account.
  • 2.I understand that Social Trader Tools attempts to copy master-account trades into my follower account.
  • 3.I understand that copied trades may execute automatically without my individual approval before every trade.
  • 4.I authorize copied positions to be opened, modified and closed in my follower account.
  • 5.I understand that my trading funds remain with my broker.
  • 6.I understand that MarksFX and Mark cannot withdraw my trading capital.
  • 7.I understand that Social Trader Tools is an independent third-party platform.
  • 8.I understand that MarksFX and Mark do not control Social Trader Tools, MetaTrader or my broker.
  • 9.I understand that I may lose my entire trading-account balance.
  • 10.I understand that leverage may cause rapid and substantial losses.
  • 11.I understand that stop-loss orders do not guarantee an exit price.
  • 12.I understand that no maximum drawdown is guaranteed.
  • 13.I understand that my results may differ from the master account.
  • 14.I understand that a trade may be delayed, rejected, duplicated, partially copied or not copied.
  • 15.I understand that a position may remain open after the corresponding master position has closed.
  • 16.I understand that technical problems may cause financial losses.
  • 17.I understand that MarksFX and Mark are not responsible for independent technical or third-party failures to the fullest extent permitted by law.
  • 18.I understand that MarksFX cannot continuously monitor every follower account.
  • 19.I understand that I remain responsible for monitoring my account.
  • 20.I understand that I may need to manually manage or close a position following a technical failure.
  • 21.I understand that Client interference may increase losses.
  • 22.I understand that past performance does not guarantee future results.
  • 23.I understand that no profits, returns, payouts or withdrawals are guaranteed.
  • 24.I confirm that I am using only money I can afford to lose completely.
  • 25.I understand that the Program is not individualized financial, legal or tax advice.
  • 26.I independently decided whether to participate and how much trading capital to use.
  • 27.I understand that the subscription fee and trading capital are separate.
  • 28.I understand that cancelling billing may not close trades or disconnect my account.
  • 29.I confirm that the information I provided is accurate.
  • 30.I confirm that I am responsible for reviewing my broker's copy-trading rules.
  • 31.I understand that this Agreement cannot waive rights or liabilities that applicable law does not permit to be waived.
  • 32.I understand that the $500 USD monthly subscription fee is non-refundable, including after losing trades or drawdown.
  • 33.I understand that cancelling my subscription stops future charges but does not refund fees already paid.
  • 34.I have read and understood this entire Agreement.

3. Risk Waiver & Release — Read Carefully

This section contains a release of liability and waiver of legal claims. By checking the box below, you give up important legal rights.

Assumption of Risk & Sole Responsibility

YOU KNOWINGLY AND VOLUNTARILY ASSUME ALL RISKS OF PARTICIPATING IN THE MARKSFX COPY TRADING PROGRAM, INCLUDING TOTAL LOSS OF YOUR TRADING CAPITAL, NEGATIVE BALANCES WHERE PERMITTED BY YOUR BROKER, SLIPPAGE, PRICE GAPS, SPREAD WIDENING, SWAP/OVERNIGHT CHARGES, REQUOTES, EXECUTION DELAYS, PLATFORM DOWNTIME, COPIER FAILURES, CONNECTIVITY LOSS, INCORRECT COPY RATIOS, ADVERSE TAX CONSEQUENCES, AND THE ACTS OR OMISSIONS OF YOUR BROKER, SOCIAL TRADER TOOLS, OR ANY OTHER THIRD PARTY. YOU ARE SOLELY RESPONSIBLE FOR MONITORING YOUR ACCOUNT AND FOR ANY FINANCIAL OUTCOME.

Release & Waiver of Claims

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU RELEASE, WAIVE, AND FOREVER DISCHARGE MARKSFX ACADEMY, MARK, THEIR AFFILIATES, OWNERS, DIRECTORS, EMPLOYEES, CONTRACTORS AND AGENTS FROM ANY AND ALL CLAIMS, DEMANDS, ACTIONS, LOSSES, DAMAGES, COSTS AND EXPENSES (INCLUDING LEGAL FEES) OF ANY KIND, WHETHER KNOWN OR UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR PARTICIPATION IN THE COPY-TRADING PROGRAM, YOUR USE OF THE SIGNAL, ANY TRADE EXECUTED OR MISSED IN YOUR ACCOUNT, OR ANY CONTENT PUBLISHED BY MARKSFX. THIS RELEASE DOES NOT APPLY TO LIABILITY THAT CANNOT BE EXCLUDED BY LAW, INCLUDING FRAUD, WILFUL MISCONDUCT, DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE, OR NON-WAIVABLE STATUTORY OR CONSUMER-PROTECTION RIGHTS.

Important: this waiver cannot eliminate every possible claim. Some rights, remedies, and regulator-enforced protections cannot be waived under applicable law. Where a provision is not permitted, it applies to the maximum extent the law allows and the rest of the Agreement continues in force.

4. Privacy & Data Processing Consent

Who is the data controller. MarksFX Academy ("MarksFX," "we," "us") is the controller of the personal data you provide through this agreement. Contact: the official MarksFX support email.

What we collect. Your full legal name, email address, telephone number, country of residence, broker name, trading platform (MT4/MT5), the last four digits of your trading account number, your typed electronic signature and date, your initials against each confirmation, an electronic-signature reference, the agreement version, your device user-agent string, and the submission timestamp.

What we do not collect here. We do not collect your full trading account number, broker login, trading password, MT4/MT5 investor password, bank or card details, government ID, or any funds. Copy-trading credentials are provided by you directly to Social Trader Tools; MarksFX does not custody your capital.

Why we process it. To create and evidence a legally binding record of your agreement, verify participants in the MarksFX Copy Trading Program, comply with legal, regulatory, tax and anti-fraud obligations, and provide customer support. Legal bases (where GDPR/UK GDPR applies): performance of a contract, compliance with a legal obligation, and our legitimate interests in maintaining an evidentiary record.

Where and how it is stored. Submissions are transmitted over TLS and stored in our managed cloud database (Lovable Cloud, powered by Supabase), hosted on secure infrastructure with encryption at rest. Access is restricted to authorized MarksFX personnel using role-based access controls; the general public and other clients cannot read your submission.

Sub-processors. Lovable / Supabase (application & database hosting), and our email and support providers. Trading execution is handled by your broker and by Social Trader Tools; those parties are independent controllers of the data you provide directly to them.

Retention. Signed agreements and related submission metadata are retained for the duration of your participation plus a minimum of seven (7) years after termination, to satisfy record-keeping, tax and dispute-resolution requirements. After that period we will delete or irreversibly anonymize the record, unless a longer period is required by law or an active legal matter.

International transfers. Data may be processed in countries other than your country of residence. Where required, we rely on appropriate safeguards such as Standard Contractual Clauses.

Your rights. Subject to applicable law (including GDPR, UK GDPR and CCPA where relevant), you may request access, correction, deletion, restriction, portability, or object to certain processing, and lodge a complaint with your data protection authority. Requests: contact MarksFX support. Note that we may need to retain the signed agreement itself to comply with our legal obligations even after other data is deleted.

Security & breach notification. We use industry-standard technical and organizational measures. No system is 100% secure; in the event of a personal data breach affecting your information, we will notify you and, where required, the competent authority without undue delay.

5. Electronic Signature Consent

You agree to use an electronic signature to sign this Agreement. By typing your full legal name in the signature field below and submitting this form, you confirm that:

  • Your typed signature is intended to have the same legal effect, validity, and enforceability as your handwritten ("wet ink") signature.
  • You consent to the use of electronic records and signatures in connection with this Agreement and the copy-trading program.
  • You are not required to sign electronically; if you prefer, you may request a paper copy of this Agreement from MarksFX before participating.
  • You may withdraw your consent to electronic signing at any time before submission by contacting MarksFX support. Withdrawal does not affect the validity of any agreement signed before withdrawal.
  • To access and retain the electronic Agreement, you will need a device with internet access and a current web browser. We recommend saving a copy of the confirmation email or reference number for your records.

6. Governing Law, Jurisdiction & Dispute Resolution

Governing law. This Agreement and any dispute arising out of or in connection with it are governed by and construed in accordance with the laws of England and Wales, without regard to its conflict-of-laws principles.

Jurisdiction. You and MarksFX Academy irrevocably submit to the exclusive jurisdiction of the courts of England and Wales to settle any dispute arising from this Agreement, your participation in the copy-trading program, or any related marketing, performance, or trading activity. You waive any objection to proceedings in those courts on the grounds of venue or inconvenient forum.

Dispute resolution. Before either party commences legal proceedings, the parties agree to attempt in good faith to resolve the dispute through direct negotiation for a period of at least thirty (30) days. Either party may commence court proceedings if the dispute remains unresolved after that period. Nothing in this clause prevents either party from seeking urgent injunctive or equitable relief from a court of competent jurisdiction.

Class action waiver. To the fullest extent permitted by applicable law, any proceedings shall be conducted only on an individual basis and not as a class action, representative action, or consolidated proceeding.

7. Additional Legal Protections & Subscription Billing

7.1 No advice; no regulated services. MarksFX Academy and Mark ("MarksFX Parties") provide educational content and access to a copy-trading signal only. They are not a broker-dealer, investment adviser, portfolio manager, asset manager, financial adviser, tax adviser, or fiduciary, and nothing they publish or transmit is personal financial, investment, legal or tax advice or a solicitation, recommendation or offer to buy or sell any instrument. You alone decide whether copy trading is suitable for you and are solely responsible for every trade placed in your account.

7.2 Eligibility & suitability representations. You represent and warrant that you: (a) are at least 18 years old and of full legal capacity; (b) are not a resident of, or accessing the service from, any jurisdiction where retail leveraged FX or copy trading is prohibited or requires a licence MarksFX does not hold (including, without limitation, the United States, Canada, or any country subject to comprehensive sanctions); (c) are not a Specially Designated National, sanctioned person, or on any prohibited-persons list; (d) have sufficient knowledge, experience and financial resources to evaluate and bear the risks of leveraged FX and copy trading; and (e) are participating with money you can afford to lose in full.

7.3 Limitation of liability. To the fullest extent permitted by applicable law: (a) the MarksFX Parties shall not be liable for any indirect, incidental, special, consequential, exemplary, punitive or aggravated damages, or for any loss of profits, revenue, trading gains, opportunity, data, or goodwill, even if advised of the possibility; and (b) the MarksFX Parties' aggregate liability arising out of or in connection with this Agreement and the copy-trading program, whether in contract, tort (including negligence), statute or otherwise, shall not exceed the total subscription fees you actually paid to MarksFX in the twelve (12) months immediately preceding the event giving rise to the claim, or GBP 100, whichever is greater.

7.4 Indemnity. You shall indemnify, defend and hold harmless the MarksFX Parties from and against any third-party claim, liability, loss, damage, cost or expense (including reasonable legal fees) arising out of or relating to: (a) your breach of this Agreement or any representation you make in it; (b) your violation of any law, regulation, or broker/platform terms; (c) your trading activity or use of the copy-trading service; or (d) any information you provided that is inaccurate or misleading.

7.5 Force majeure. The MarksFX Parties are not liable for any delay or failure to perform caused by events beyond their reasonable control, including internet or platform outages, broker actions or insolvency, cyber-attacks, market disruption, regulatory changes, war, terrorism, pandemic, or acts of God.

7.6 No guarantees; no reliance; entire agreement. No profit, return, drawdown limit, availability level, or specific outcome has been promised. You have not relied on any statement, screenshot, testimonial, historical result, marketing material or verbal representation outside this Agreement. This Agreement, together with the acknowledgments you have initialled, constitutes the entire agreement between you and MarksFX regarding the copy-trading program and supersedes all prior communications on that subject.

7.7 Tax, AML & compliance. You are solely responsible for reporting and paying any taxes arising from your trading activity and for complying with all laws applicable to you, including anti-money-laundering, sanctions, and currency-control rules. You confirm that funds used are lawfully obtained and are your own.

7.8 Third-party beneficiaries. Mark individually, and the affiliates, employees, contractors and agents of MarksFX, are intended third-party beneficiaries of the releases, waivers, limitations of liability and indemnities in this Agreement and may enforce them directly.

7.9 Severability; no waiver; assignment; survival. If any provision of this Agreement is held unenforceable, the remainder remains in full force and the unenforceable provision shall be modified to the minimum extent necessary to make it enforceable. Failure to enforce any right is not a waiver of it. You may not assign this Agreement; MarksFX may assign it to an affiliate or successor. Sections addressing risk, release, limitation of liability, indemnity, governing law, and dispute resolution survive termination.

7.10 Right to suspend or terminate. MarksFX may suspend, restrict or terminate your access to the copy-trading program at any time, with or without cause and without liability, including where it reasonably suspects breach of this Agreement, fraud, regulatory risk, or misuse.

7.11 Subscription fee. Membership in the MarksFX Copy Trading Program costs USD $500 per month, billed in advance and charged automatically each billing period until you cancel. The fee pays for access to the program, education and signal only — it is not an investment, is not held on your behalf, and is not tied to any trading result.

7.12 No refunds. All subscription fees are strictly non-refundable. This includes, without limitation, periods in which the master account experiences losing trades, drawdown, reduced activity or no trading activity, and any unused portion of a billing period. Losing trades are a normal and expected feature of leveraged trading and are not grounds for a refund, chargeback or dispute. Initiating a chargeback or payment dispute for fees properly charged may result in immediate suspension or termination of access.

7.13 Cancellation. You may cancel future billing at any time. Cancellation stops future charges only — it does not refund fees already paid, close open positions, or disconnect your account from the copier. You remain responsible for closing positions and disconnecting your account. Nothing in this section removes any refund or cancellation right that applicable consumer law requires and does not permit to be waived.

7.14 No chargebacks or payment disputes. You agree that you will not initiate, encourage, assist, or participate in any chargeback, payment reversal, bank dispute, cardholder dispute, or similar claim ("Dispute") against MarksFX or its payment processors for any subscription fee that was properly charged under this Agreement. You understand that joining the copy-trading program, seeing losses, drawdown, or results that differ from your expectations — including periods of lower or no trading activity — does not make the charge improper, fraudulent, or unauthorized, and is not a valid basis for a Dispute. You agree that any Dispute you file will be withdrawn or cancelled promptly upon request, and that you will be fully responsible for any fees, penalties, costs, damages or collection expenses MarksFX incurs as a result. MarksFX reserves the right to suspend or terminate your access immediately, report the conduct to relevant payment networks, and pursue legal action to recover amounts and costs, to the fullest extent permitted by law.

Important: this Agreement cannot eliminate every possible claim. Some rights, remedies, and regulator-enforced protections cannot be waived under applicable law. Where a provision is not permitted, it applies to the maximum extent the law allows and the rest of the Agreement continues in force.

8. Sign & Submit

By checking the box and typing your full legal name below, you confirm that you have read, understood, and agree to be bound by this Agreement in full, including the risk waiver and release, privacy, electronic signature, governing-law, additional legal-protection, no-refund billing, and chargeback/payment-dispute prohibition clauses above.