ETF Opportunities Trust Sample Contracts
ETF CUSTODY AGREEMENTCustody Agreement • September 13th, 2024 • ETF Opportunities Trust • Minnesota
THIS AGREEMENT is made and entered into as of the last date on the signature page, by and between ETF Opportunities Trust, a Delaware statutory trust, (the “Trust”), and U.S. BANK NATIONAL ASSOCIATION, a national banking association organized and existing under the laws of the United States of America with its principal place of business at Minneapolis, Minnesota (the “Custodian”).
INVESTMENT SUB-ADVISORY AGREEMENT with TIDAL INVESTMENTS, LLCInvestment Sub-Advisory Agreement • June 3rd, 2025 • ETF Opportunities Trust • Delaware
This Investment Sub-Advisory Agreement (the “Agreement”) is made by and among Hedgeye Asset Management, LLC, a Delaware limited liability company (hereinafter referred to as “Advisor”) with its principal place of business located at 1 High Ridge Park, Floor 3, Stamford, Connecticut 06905, ETF Opportunities Trust (the “Trust”), and Tidal Investments, LLC, a Delaware limited liability company with its principal place of business located at 898 N. Broadway, Suite 2, Massapequa, New York, 11758 (the “Sub-Adviser”).
AGREEMENT AND DECLARATION OF TRUST of ETF Opportunities Trust a Delaware Statutory TrustAgreement and Declaration of Trust • June 15th, 2020 • ETF Opportunities Trust • Delaware
INVESTMENT ADVISORY AGREEMENTInvestment Advisory Agreement • February 18th, 2025 • ETF Opportunities Trust • Delaware
THIS INVESTMENT ADVISORY AGREEMENT (the “Agreement”) is made by and between ETF Opportunities Trust (the “Trust”), a Delaware statutory trust registered as an investment company under the Investment Company Act of 1940, as amended (the “1940 Act”), and Brookmont Capital Management, LLC (the “Adviser”), a Texas limited liability company with its principal place of business at 5950 Berkshire Lane, Suite 1420, Dallas, Texas 75225. This Agreement is made effective as to each Fund (defined below) as of the date set forth on the set of schedules to this Agreement identified as “Schedule A” and then numerically designated (e.g., Schedule A-1) attached hereto as of the “Effective Date” noted on each Schedule A with respect to each of the Funds.
ETF DISTRIBUTION AGREEMENTDistribution Agreement • April 16th, 2021 • ETF Opportunities Trust • Delaware
This Distribution Agreement (the “Agreement”) is made this 24th day of March 2020, by and between ETF Opportunities Trust, a Delaware statutory trust (the “Trust”) having its principal place of business at 8370 Stony Point Parkway, Suite 205, Richmond, VA 23235, and Foreside Fund Services, LLC, a Delaware limited liability company (the “Distributor”) having its principal place of business at Three Canal Plaza, Suite 100, Portland, ME 04101.
FORM OF AUTHORIZED PARTICIPANT AGREEMENT ETF OPPORTUNITIES TRUSTAuthorized Participant Agreement • June 15th, 2020 • ETF Opportunities Trust • New York
This Authorized Participant Agreement (the “Agreement”) is entered into by and between Foreside Fund Services, LLC (the “Distributor”) and __________ (the “Participant”) and is subject to acceptance by [Name of Transfer Agent/Index Receipt Agent] (the “[Transfer Agent/Index Receipt Agent]”), and is further subject to acknowledgement and agreement by ETF Opportunities Trust (the “Trust”), a series trust offering a number of portfolios of securities (each a “Fund” and collectively the “Funds”), solely with respect to Sections 4(c) and 12(c) herein. Capitalized terms used but not defined herein are defined in the current prospectus for each Fund as it may be supplemented or amended from time to time, and included in the Trust’s Registration Statement on Form N-1A, as it may be amended from time to time, or otherwise filed with the U.S. Securities and Exchange Commission (“SEC”) (together with such Fund’s Statement of Additional Information incorporated therein, the “Prospectus”).
EXPENSE LIMITATION AGREEMENTExpense Limitation Agreement • February 18th, 2025 • ETF Opportunities Trust
EXPENSE LIMITATION AGREEMENT, effective as of the dates set forth on Schedule A by and between Brookmont Capital Management, LLC (the “Adviser”) and ETF Opportunities Trust (the “Trust”) (“Agreement”), on behalf of the series of the Trust set forth in Schedule A attached hereto (each a “Fund,” and collectively, the “Funds”).
FUND SERVICES AGREEMENT Administration Services Between Commonwealth Fund Services, Inc. and ETF Opportunities TrustFund Services Agreement • June 3rd, 2025 • ETF Opportunities Trust • Virginia
AGREEMENT (this “Agreement”), dated as of March 11, 2025 between Commonwealth Fund Services, Inc., a corporation organized in accordance with the laws of the Commonwealth of Virginia (“CFS”) and ETF Opportunities Trust, a statutory trust organized and existing under the laws of the State of Delaware (the “Trust”).
INVESTMENT ADVISORY AGREEMENTInvestment Advisory Agreement • June 3rd, 2025 • ETF Opportunities Trust • Delaware
THIS AGREEMENT made the 1st day of June 2025, by and between ETF Opportunities Trust, a Delaware statutory trust (hereinafter referred to as the “Trust”), and Hedgeye Asset Management, LLC a Delaware limited liability company (hereinafter referred to as “Advisor”) with its principal place of business located at 1 High Ridge Park, Floor 3, Stamford, Connecticut 06905 with respect to the series portfolios of the Trust identified in this Agreement (each a “Fund”).
SERVICES AGREEMENT ETF Opportunities Trust and Citi Fund Services Ohio, Inc. and Citibank, N.A. Version – July 2017Services Agreement • April 16th, 2021 • ETF Opportunities Trust • New York
THIS SERVICES AGREEMENT (the “Agreement”) is made on May 14, 2020, by and between ETF Opportunities Trust (the “Client”), Citi Fund Services Ohio, Inc. (“CFSO”), and Citibank, N.A. (“Citibank”, together with CFSO, the “Service Provider” or “Citi” and, with the Client, the “Parties”). If more than one Client has signed this Agreement, this Agreement shall be considered a separate agreement between the Service Provider and each Client, and no Client shall be (i) liable for the obligations of any other Client or (ii) entitled to the benefits conferred under this Agreement on any other Client.
TRANSFER AGENT SERVICING AGREEMENTTransfer Agent Servicing Agreement • September 13th, 2024 • ETF Opportunities Trust • Wisconsin
THIS AGREEMENT is made and entered into as of the last day written on the signature page by and between ETF Opportunities Trust, a Delaware statutory trust (the “Trust”) U.S. BANCORP FUND SERVICES, LLC d/b/a U.S. BANK GLOBAL FUND SERVICES, a Wisconsin limited liability company (“Fund Services”).
ETF FUND ACCOUNTING SERVICING AGREEMENTEtf Fund Accounting Servicing Agreement • September 13th, 2024 • ETF Opportunities Trust • Wisconsin
THIS AGREEMENT is made and entered into as of the last day written on the signature page by and between ETF Opportunities Trust, a Delaware statutory trust (the “Trust”) and U.S. BANCORP FUND SERVICES, LLC d/b/a U.S. BANK GLOBAL FUND SERVICES, a Wisconsin limited liability company (“Fund Services”).
Amendment NO. 10 to services agreementServices Agreement • November 28th, 2022 • ETF Opportunities Trust
This AMENDMENT No.10 (“Amendment”) is made as of July 21, 2022, by and among ETF Opportunities Trust (“Client”) and Citibank, N.A. (“Citibank”), and Citi Fund Services Ohio, Inc. (“CFSO”, together with Citibank, the “Service Provider” and, with the Client, the “Parties”), to that certain Services Agreement dated May 14, 2020, between the Client and Service Provider (“Agreement”). All capitalized terms used but not defined herein shall have the meanings given to them in the Agreement.
FUND SUB-ADMINISTRATION SERVICING AGREEMENTFund Sub-Administration Servicing Agreement • September 13th, 2024 • ETF Opportunities Trust • Wisconsin
THIS AGREEMENT is made and entered into as of the last day written on the signature page by and between ETF Opportunities Trust, a Delaware statutory trust (the “Trust”), Commonwealth Fund Services, Inc, the Virginia corporation (the “Administrator”) and U.S. BANCORP FUND SERVICES, LLC d/b/a U.S. BANK GLOBAL FUND SERVICES, a Wisconsin limited liability company (“Fund Services”).
INVESTMENT SUB-ADVISORY AGREEMENT with BRENDAN WOOD TOPGUN PARTNERSHIPS INC.Investment Sub-Advisory Agreement • October 20th, 2023 • ETF Opportunities Trust • Delaware
This Investment Sub-Advisory Agreement (the “Agreement”) is made by and among Tuttle Capital Management, LLC, a Delaware limited liability company with its principal place of business at 155 Lockwood Road, Riverside, Connecticut 06878 (the “Adviser”), ETF Opportunities Trust (the “Trust”), and Brendan Wood TopGun Partnerships Inc., a Canadian corporation with its principal place of business located at 15 Prince Arthur Avenue, Toronto, Ontario, Canada M5R 1B2 (the “Sub-Adviser”).
GLOBAL CUSTODIAL AND AGENCY SERVICES AGREEMENTGlobal Custodial and Agency Services Agreement • June 15th, 2020 • ETF Opportunities Trust
THIS GLOBAL CUSTODIAL AND AGENCY SERVICES AGREEMENT is made on May 14, 2020 individually, by and between, ETF Opportunities Trust located at 8730 Stony Point Parkway, Suite 205, Richmond, VA 23235 (“Client”), and Citibank, N.A. acting through its offices in New York (“Custodian”).
ETF DISTRIBUTION AGREEMENTEtf Distribution Agreement • August 9th, 2024 • ETF Opportunities Trust • Delaware
This eleventh amendment (“Amendment”) to the ETF distribution agreement (the “Agreement”) dated as of September 30, 2021, between ETF Opportunities Trust (the “Trust”) and Foreside Fund Services, LLC (together with the Trust, the “Parties”) is made effective as of June 25, 2024.
AMENDED INVESTMENT ADVISORY AGREEMENTInvestment Advisory Agreement • May 21st, 2024 • ETF Opportunities Trust
THIS AGREEMENT which is made effective as of the date noted in the Schedules attached hereto and may be amended from time to time, by and between ETF Opportunities Trust, a Delaware statutory trust (hereinafter referred to as the “Trust”), and REX Advisers, LLC, a Delaware limited liability company (hereinafter referred to as “Advisor”) with its principal place of business located at 1241 Post Road, 2nd Floor, Fairfield, Connecticut 42860 with respect to the series portfolios of the Trust identified in this Agreement (each a “Fund”).
AMENDED INVESTMENT ADVISORY AGREEMENTInvestment Advisory Agreement • July 22nd, 2025 • ETF Opportunities Trust
This AMENDED INVESTMENT ADVISORY AGREEMENT (the “Agreement”) which was first made as of the 1st day of April 2023, by and between ETF Opportunities Trust, a Delaware statutory trust (hereinafter referred to as the “Trust”), on behalf of each series identified on Schedule A attached hereto, as may be amended from time to time (each, a “Fund”), and Tuttle Capital Management, LLC, a Delaware limited liability company (hereinafter referred to as “Advisor”) with its principal place of business located at 155 Lockwood Road, Riverside, Connecticut 06878.
TWELFTH AMENDMENT TO ETF DISTRIBUTION AGREEMENTEtf Distribution Agreement • January 17th, 2025 • ETF Opportunities Trust • Delaware
This twelfth amendment (“Amendment”) to the ETF distribution agreement (the “Agreement”) dated as of September 30, 2021, between ETF Opportunities Trust (the “Trust”) and Foreside Fund Services, LLC (together with the Trust, the “Parties”) is made effective as of September 25, 2024.
FRANKLIN TEMPLETON RULE 12d1-4 FUND OF FUNDS INVESTMENT AGREEMENTFund of Funds Investment Agreement • July 25th, 2025 • ETF Opportunities Trust
THIS AGREEMENT, dated as of April 2, 2025, is made among each entity listed on Schedule A (as amended from time to time), severally and not jointly (each, an “Acquiring Fund”), and each Acquired Fund listed on Schedule A (as amended from time to time), severally and not jointly (each, an “Acquired Fund” and together with the Acquiring Funds, the “Funds”).
FUND SERVICES AGREEMENT Administration Services Between Commonwealth Fund Services, Inc. and ETF Opportunities Trust March 17, 2023 Amended as of December 17, 2024Fund Services Agreement • February 24th, 2025 • ETF Opportunities Trust • Virginia
AGREEMENT (this “Agreement”), dated as of March 17, 2023 and amended as of December 17, 2024 between Commonwealth Fund Services, Inc., a corporation organized in accordance with the laws of the Commonwealth of Virginia (“CFS”) and ETF Opportunities Trust, a statutory trust organized and existing under the laws of the State of Delaware (the “Trust”).
AMENDED AND RESTATED INVESTMENT ADVISORY AGREEMENTInvestment Advisory Agreement • November 28th, 2022 • ETF Opportunities Trust
THIS AGREEMENT is made by and between ETF Opportunities Trust, a Delaware statutory trust (hereinafter referred to as the “Trust”), and Cultivar Capital, Inc., a Texas corporation (hereinafter referred to as “Adviser”) with its principal place of business located at 421 E. Hickory Street., Suite 103, Denton, Texas 76201. This Agreement is made effective as to each Fund (defined below) as of the date set forth on the schedule(s) to this Agreement identified as “Schedule A” and then numerically designated (e.g., “Schedule A-1”) attached hereto as of the “Effective Date” noted on each Schedule A.
AMENDMENT NO.4 TO SERVICES AGREEMENTServices Agreement • April 16th, 2021 • ETF Opportunities Trust
This AMENDMENT No.4 (“Amendment”) is made as of March 1, 2021, 2021, by and among ETF Opportunities Trust (“Client”) and Citibank, N.A. (“Citibank”), and Citi Fund Services Ohio, Inc. (“CFSO”, together with Citibank, the “Service Provider” and, with the Client, the “Parties”), to that certain Services Agreement dated May 14, 2020, between the Client and Service Provider (“Agreement”). All capitalized terms used but not defined herein shall have the meanings given to them in the Agreement.
AMENDMENT NO. 24 TO SERVICES AGREEMENTServices Agreement • September 10th, 2025 • ETF Opportunities Trust
This AMENDMENT No. 24 (“Amendment”) is made as of June 19, 2025 by and among ETF Opportunities Trust (“Client”) and Citibank, N.A. (“Citibank”), and Citi Fund Services Ohio, Inc. (“CFSO”, together with Citibank, the “Service Provider” and, with the Client, the “Parties”), to that certain Services Agreement dated May 14, 2020, between the Client and Service Provider (“Agreement”). All capitalized terms used but not defined herein shall have the meanings given to them in the Agreement.
AMENDED INVESTMENT ADVISORY AGREEMENTInvestment Advisory Agreement • October 15th, 2025 • ETF Opportunities Trust
This AMENDED INVESTMENT ADVISORY AGREEMENT (the “Agreement”) which was first made as of the 1st day of April 2023, by and between ETF Opportunities Trust, a Delaware statutory trust (hereinafter referred to as the “Trust”), on behalf of each series identified on Schedule A attached hereto, as may be amended from time to time (each, a “Fund”), and Tuttle Capital Management, LLC, a Delaware limited liability company (hereinafter referred to as “Advisor”) with its principal place of business located at 155 Lockwood Road, Riverside, Connecticut 06878.
Amendment NO. 9 to services agreementServices Agreement • March 24th, 2022 • ETF Opportunities Trust
This AMENDMENT No. 9 (“Amendment”) is made as of December 1, 2021, by and among ETF Opportunities Trust (“Client”) and Citibank, N.A. (“Citibank”), and Citi Fund Services Ohio, Inc. (“CFSO”, together with Citibank, the “Service Provider” and, with the Client, the “Parties”), to that certain Services Agreement dated May 14, 2020, between the Client and Service Provider (“Agreement”). All capitalized terms used but not defined herein shall have the meanings given to them in the Agreement.
THIRD AMENDMENT TO THE FUND SUB-ADMINISTRATION SERVICING AGREEMENTFund Sub-Administration Servicing Agreement • February 18th, 2025 • ETF Opportunities Trust
THIS THIRD AMENDMENT effective as of the last date in the signature block (the “Effective Date”), to the Fund Sub-Administration Servicing Agreement dated as of August 13, 2024, as amended (the “Agreement”), is entered into by and between ETF OPPORTUNITIES TRUST, a Delaware statutory trust (the “Trust”), Commonwealth Fund Services, Inc, a Virginia corporation (the “Administrator”) and U.S. BANCORP FUND SERVICES, LLC d/b/a U.S. BANK GLOBAL FUND SERVICES, a Wisconsin limited liability company (“Fund Services”).
TWELFTH AMENDMENT TO THE TRANSFER AGENT SERVICING AGREEMENTTransfer Agent Servicing Agreement • August 29th, 2025 • ETF Opportunities Trust
THIS TWELFTH AMENDMENT effective as of the last date in the signature block (the “Effective Date”), to the Transfer Agent Servicing Agreement dated as of August 13, 2024, as amended (the “Agreement”), is entered into by and between ETF OPPORTUNITIES TRUST, a Delaware statutory trust (the “Trust”), and U.S. BANCORP FUND SERVICES, LLC d/b/a U.S. BANK GLOBAL FUND SERVICES, a Wisconsin limited liability company (“Fund Services”).
Amendment NO. 8 to services agreementServices Agreement • November 23rd, 2021 • ETF Opportunities Trust
This AMENDMENT No. 8 (“Amendment”) is made as of October 1, 2021, by and among ETF Opportunities Trust (“Client”) and Citibank, N.A. (“Citibank”), and Citi Fund Services Ohio, Inc. (“CFSO”, together with Citibank, the “Service Provider” and, with the Client, the “Parties”), to that certain Services Agreement dated May 14, 2020, between the Client and Service Provider (“Agreement”). All capitalized terms used but not defined herein shall have the meanings given to them in the Agreement.
AMENDED INVESTMENT ADVISORY AGREEMENTInvestment Advisory Agreement • July 28th, 2025 • ETF Opportunities Trust
THIS AGREEMENT which is made effective as of the date noted in the Schedules attached hereto and may be amended from time to time, by and between ETF Opportunities Trust, a Delaware statutory trust (hereinafter referred to as the “Trust”), and REX Advisers, LLC, a Delaware limited liability company (hereinafter referred to as “Advisor”) with its principal place of business located at 1241 Post Road, 2nd Floor, Fairfield, Connecticut 42860 with respect to the series portfolios of the Trust identified in this Agreement (each a “Fund”).
FUND SERVICES AGREEMENT Administration Services Between Commonwealth Fund Services, Inc. and ETF Opportunities Trust For ETFs Advised by Applied Finance, LLCFund Services Agreement • November 25th, 2025 • ETF Opportunities Trust • Virginia
AGREEMENT (this “Agreement”), dated as of March 9, 2021, between Commonwealth Fund Services, Inc., a corporation organized in accordance with the laws of the Commonwealth of Virginia (“CFS”) and ETF Opportunities Trust, a statutory trust organized and existing under the laws of the State of Delaware (the “Trust”).
TENTH AMENDMENT TO THE CUSTODY AGREEMENTCustody Agreement • September 10th, 2025 • ETF Opportunities Trust
THIS TENTH AMENDMENT effective as the last date of the signature block (the “Effective Date”), to the Custody Agreement dated as of August 13, 2024, as amended (the “Agreement”), is entered into by and between ETF OPPORTUNITIES TRUST, a Delaware statutory trust (the “Trust”), and U.S. BANK NATIONAL ASSOCIATION, a national banking association organized and existing under the laws of the United States of America with its principal place of business at Minneapolis, Minnesota (the “Custodian”).
Commonwealth Fund Services, Inc. FUND SERVICES AGREEMENT Administration Services Between Commonwealth Fund Services, Inc. and ETF Opportunities Trust October 4, 2021Fund Services Agreement • November 23rd, 2021 • ETF Opportunities Trust • Virginia
AGREEMENT (this “Agreement”), dated as of October 4, 2021, between Commonwealth Fund Services, Inc., a corporation organized in accordance with the laws of the Commonwealth of Virginia (“CFS”) and ETF Opportunities Trust, a statutory trust organized and existing under the laws of the State of Delaware (the “Trust”).
AMENDED INVESTMENT ADVISORY AGREEMENTInvestment Advisory Agreement • November 22nd, 2024 • ETF Opportunities Trust
THIS AGREEMENT which is made effective as of the date noted in the Schedules attached hereto and may be amended from time to time, by and between ETF Opportunities Trust, a Delaware statutory trust (hereinafter referred to as the “Trust”), and REX Advisers, LLC, a Delaware limited liability company (hereinafter referred to as “Advisor”) with its principal place of business located at 1241 Post Road, 2nd Floor, Fairfield, Connecticut 42860 with respect to the series portfolios of the Trust identified in this Agreement (each a “Fund”).