Melbourne Realtor Sign Up Agreement
This Independent Contractor Agreement (the “Agreement”) is effective on [esigtodaydate] (the “Effective Date”), by and between We Say Sold, Inc., whose principal office address is located at 330 N Babcock Street, Melbourne, Florida, 32935 (hereinafter “Brokerage”) and an individual and a Real Estate Agent licensed in the State of Florida, whose address is (hereinafter “Contractor”).
WHEREAS, throughout Florida, real estate services are provided under the Brokerage’s marks (defined in Paragraph 9A); and
WHEREAS, the Brokerage is an association of independent real estate agents and is operating as a real estate brokerage at the above address for providing high-quality real estate brokerage services to the general public; and
WHEREAS, the Brokerage has a distinct operating system, utilizing certain business methods, promotional and marketing programs and associated with certain service marks, logos and commercial symbols (the “Marks”); and
WHEREAS, Contractor has been issued a real estate license issued by the State of Florida and is desirous of availing himself or herself of the services, facilities, programs, and opportunities offered by Brokerage; and
NOW, THEREFORE, in consideration of the promises and mutual covenants herein contained, it is hereby agreed as follows:
After a thirty (30) day trial period and except as otherwise provided in Section 10 below, the term of this Agreement is two (2) years from its Effective Date. This Agreement will be automatically renewed for unlimited subsequent consecutive one (1) year periods unless either the Brokerage or the Contractor notifies the other in writing of its intent not to renew at least thirty (30) days prior to expiration of the term or any renewal period, or should the Parties choose at any time to alter in any way their professional affiliation. During any renewal period, the parties will be governed by the provisions of this Agreement unless the parties have signed and delivered to each other a new agreement governing their relationship intended to substitute for this Agreement. If the Contractor chooses to terminate this Agreement during the trial period, Contractor agrees to pay a one-time termination fee of five hundred ninety-five dollars ($595.00).
2. INDEPENDENT CONTRACTOR
A. Pursuant to the terms and conditions of this Agreement, the Brokerage hereby retains Contractor as an Independent Contractor exclusively for real estate brokerage activities. Contractor shall be free to devote his/her entire time, energy, effort, and skill, as he/she sees fit and to establish his/her own endeavors. Contractor shall not be required to keep definite office hours, attend meetings or training sessions. Contractor shall not have mandatory duties except those specifically set out in this Agreement. Nothing contained in this Agreement shall be regarded as creating any relationship (employer/employee, joint venture, partnership, or shareholder) between the Parties other than the Independent Contractor relationship as set forth herein.
B. Worker’s Compensation Coverage. Contractor is an Independent contractor. The contractor shall acquire on his/her own behalf, as a self-employed person, such Worker’s Compensation coverage as he/she deems appropriate and consistent with his/her status as an independent contractor and the mutual intent of the Brokerage and the Contractor is not to create an employer/employee relationship. Contractor hereby agrees not to claim or assert, or to support any third party assertion of, the existence of an employee/employer relationship.
C. Statutory Non-Employee for Federal Tax Purposes. Contractor acknowledges that Contractor will not be treated by Brokerage as an employee with respect to services performed hereunder. Contractor further acknowledges that Contractor shall be treated by Brokerage as an independent contractor (statutory non-employee), and not as an employee, for any applicable federal, state or local tax or for any other purposes.
3. BROKERAGE RESPONSIBILITIES
A. Monthly Statement. The brokerage shall submit to Contractor a monthly statement, on request, reflecting Contractor’s portion of expenses, fees and financial obligations set forth herein, unless mutually waived by both parties.
B. Fees and Commissions. Contractor shall direct that all fees and commissions due and owing to Contractor be paid directly to Brokerage. Any fees received by Brokerage shall be promptly transmitted to Contractor, subject to the Brokerage’s fees and as set forth in this Agreement. Should any fees be jointly shared by Contractor with one or more other contractors within the office, all payments of fees shall be made by the Brokerage directly to the contractor(s). Any disputes between the Contractor and other contractors within the office will be resolved pursuant to Section 8 herein, and the Brokerage may hold the disputed amounts (or any portion of them) until the dispute is resolved, with no liability for doing so in good faith.
4. CONTRACTOR’S RESPONSIBILITIES
A. Client Fees and other Real Estate Services. Contractor shall act as an independent contractor in obtaining clients and/or soliciting other real estate services. Contractor agrees that any and all clients shall be approved by Brokerage and shall be taken in the name of Brokerage unless otherwise required by law or the rules and regulations of the Real Estate Commission, department or other governmental licensing authority of this State. Upon termination, the Parties shall communicate with clients as to real estate services.
B. Authority to Establish Fees and Required Disclosure. Contractor acknowledges that Brokerage, like any other real estate brokerage, comprises a single competitive unit in the name of which all real estate services are to be taken. The contractor has the right to determine the fees charged to a client. In the interest of avoiding consumer confusion regarding the fees available generally from the Brokerage, the Brokerage may discourage or prohibit the advertising of commission rates or fees by Contractor. Contractor shall not advertise any fees without the prior written authority of Brokerage. In addition, it shall be the responsibility of Contractor to make sure that potential clients fully understand that services will be provided by Contractor in the market area in return for fees advertised. Contractor agrees to act strictly within the authority granted by this Subparagraph with respect to the establishment and advertising of fees.
C. Reimbursement. Contractor and Brokerage or any of its member contractors may agree from time to time to refer clients and/or specific cases. Compensation or fee-sharing arrangements for any such referrals shall be subject to the determination of the Parties on a case by case basis and may vary without limitation.
D. Personal Expenses. Contractor shall be responsible for all personal expenses, including, but not limited to, automobile, travel, worker’s compensation insurance, disability insurance, professional liability insurance and all other insurance, entertainment, food, lodging, license fees and dues, all income taxes, self-employment taxes (FICA), mobile or home phone bills, and the like, which may result from his/her being engaged in the real estate business and/or associated with the Brokerage.
E. Payment In Full of All Financial Obligations. Contractor need only devote such time and energy as he/she deems appropriate to the furtherance of his/her real estate career. However, the amount of time and energy so expended by Contractor shall not alter, or in any way reduce, the fees and/or charges to be paid Brokerage, pursuant to the terms of this Agreement.
F. Insurance Requirements. Unless otherwise agreed to in writing by Brokerage, Brokerage shall include professional liability insurance (also known as errors and omissions insurance) as part of the monthly fee. If Contractor acquires this insurance independently of Brokerage, Contractor shall acquire professional liability insurance in the face amount of at least two hundred fifty thousand dollars ($250,000.00) combined single limit of liability. Said insurance shall be structured to protect the Contractor against any liability which may arise in connection with the operation of his/her business as a real estate professional. Contractor agrees to provide copies of certificates of insurance to Brokerage, per Brokerage’s request. If requested by Brokerage, Contractor shall provide Brokerage a full and complete copy of any original policy.
G. National, State, and Local Laws. Contractor shall abide by all national, State and local laws, governing real estate agents and the rules of professional conduct established by the Real Estate Commission.
H. Quality Controls. By execution of this Agreement, Contractor agrees to abide by the quality controls and safeguards of Brokerage.
I. Adherence to Office Policies and System Quality Standards. Contractor shall strictly observe all office rules, procedures, standards, guidelines and policies (collectively “Office Policies”) from time-to-time established by Brokerage for the operation of Brokerage’s operations. Specifically, but without limitation, Contractor shall maintain the highest ethical standards in the conduct of Contractor’s real estate practice, shall maintain Contractor’s personal appearance and appearance of Contractor’s office or work area in a clean and orderly manner, and shall provide dependable, efficient, courteous, high-quality professional services to the public in a manner designed to maintain goodwill among the public for the entire Brokerage. Any breach of this Subparagraph will constitute a material breach of this Agreement.
J. Compliance with Laws and Good Business Practices. Contractor shall abide by all applicable laws, ordinances, and regulations including, without limitation, local, state and federal laws and regulations relating to real estate agents and real estate brokerages. Contractor’s advertising and promotion must be completely factual and conform to the highest standards of lawful, ethical advertising. In all dealings with clients, customers, suppliers, public officials, other real estate agents and the Brokerage and the general public, Contractor must adhere to the highest standards of business behavior, honesty, integrity, fair dealing and ethical conduct. Contractor agrees to refrain from any business or advertising practice which may expose Brokerage to legal action or liability or adversely affect the reputation or image of the Brokerage or the goodwill associated with the Brokerage marks. Brokerage and its associate members shall fully reciprocate with Contractor as to the practices set forth in this Subparagraph. Any breach of this Subparagraph will constitute a material breach of this Agreement.
K. Loyalty. At all times during the term of this Agreement, Contractor shall act under a duty of loyalty in support and in furtherance of the Brokerage and shall maintain a proper attitude toward the public, Brokerage, and Contractor’s fellow agents. Contractor shall not engage in any acts or activities that may disrupt or discredit the Brokerage, its operations or Brokerage’s office, or are likely to adversely affect the image of the Brokerage or that may detract from or tend to undermine the growth of the Brokerage. The Brokerage and its associate members shall fully reciprocate in this duty of loyalty to Contractor.
L. Abiding By Decisions. Contractor agrees to adhere to and abide by all majority decisions and rules of Brokerage and its principals.
M. Hiring of Personal Assistants and Creating Working Relationships. Without authority from and the prior written approval of Brokerage, Contractor shall not hire, employ, contract with or for, retain the services of, or arrange for any continuing working relationship with, any licensed or unlicensed personal assistant, or any licensed person, who is not affiliated with Brokerage.
N. Membership. Contractor shall maintain membership in good standing in the local Association of Realtors having jurisdiction over the market areas served by Brokerage and shall abide by the Code of Ethics promulgated by the local association.
O. Identification as Independent Operation. Contractor agrees to indicate in all dealings with clients, customers, suppliers, public officials and others that Contractor is affiliated as an independent contractor to Brokerage and that Brokerage’s office is independent.
5. FINANCIAL OBLIGATIONS
A. Contractor shall pay Brokerage a flat fee of $595.00 each side of any transaction that they are acting as agent. Fees for marketing, other training, and virtual transaction coordinator are conducted by a third party and will be directly billed to an agent in addition to each transaction fee.
B. Shared Office Expenses. Contractor shall pay to Brokerage his/her reasonable amount of office supplies such as, but not limited to photo copies, mailing services, and other office supply expenses which can be attributed directly to Contractor’s use of office-related equipment, supplies, or services.
C. Miscellaneous Expenses. Brokerage may, at its option, from time to time include, within a separate category called “miscellaneous expenses,” for costs associated with flat fee listings or other additional expenses requested by a majority of the contractor(s) then under contract with Brokerage and/or required for the proper management of the Brokerage. The brokerage will provide Contractor an additional item on his/her monthly bill for such miscellaneous expenses, which Contractor hereby promises to pay and which shall be due and payable on the date of a presentation by Brokerage. The Brokerage agrees to review any such proposed expense with Contractor prior to engaging in the purchase for which said expense shall be due. Subject to Paragraph 4(M), Contractor agrees to be responsible for costs and expenses associated with hiring support staff personnel, including but not limited to additional rent for office space utilized by said support staff personnel.
6. NONPAYMENT REMEDIES
In the event Contractor does not pay all of his/her financial obligations imposed by the terms of this Agreement, Brokerage may and is hereby authorized to deduct any part or all of such past due to fees, dues, late charges, and expenses from commissions, if any, payable to Contractor. If the fee or expense is not paid by the end of the month, then the Brokerage may choose to terminate the independent contractor relationship and cease its affiliation with Contractor. Upon termination, then Contractor shall no longer be entitled to the use of any office space within the Brokerage or to any of its services and benefits.
7. LIABILITY AND INDEMNIFICATION
Brokerage shall not be liable to Contractor for any expenses incurred by him/her, nor shall Contractor have authority to bind Brokerage by any promise or representations, unless specifically authorized in advance and in writing by Brokerage. From time to time, claims, complaints or litigation involving Brokerage may arise directly from the activities of Contractor. Contractor agrees to pay all damages, costs and expenses, including but not limited to the full amount of any errors and omissions insurance deductible assessed against or incurred by Brokerage in defending or satisfying any claim, complaint or judgment against Brokerage because of Contractor’s activity, even if such claim, complaint or judgment is brought or filed subsequent to the expiration or termination of this Agreement or any renewals or extensions hereof. Further, Contractor agrees to pay all reasonable attorneys’ fees, legal fees costs and other out of pocket expenses incurred by Brokerage that arise from Contractor’s activities. Brokerage reserves the right to select the attorney(s) and reserves the right to settle or defend any such complaint, claim or litigation in any manner or on any terms Brokerage, in its sole discretion, deems appropriate. Contractor shall indemnify, defend and hold harmless Brokerage from all settlement costs, damages, fines, levies, suits, proceedings, claims, actions, or causes of action of any kind and of whatsoever nature, including but not limited to all costs, court costs, litigation expenses and reasonable attorneys’ fees, arising from, growing out of, or incurred in connection with or incidental to Contractor’s activities and Contractor’s operation of a real estate practice that are incurred by Brokerage (even if the claims allege negligence on their part). Maintenance of any insurance required by this Agreement shall not relieve Contractor of liability under this paragraph.
8. DISPUTE RESOLUTION
A. Reporting of Problems and Complaints. Contractor shall promptly report to Brokerage, office manager or other person designated by Brokerage all problems, complaints and other circumstances, related to Contractor’s conduct, activities or services which may lead to claims, disputes or controversies of any kind. Any failure by Contractor to report promptly such problems, complaints or other circumstances, or to cooperate fully with Brokerage in accordance with this Paragraph, shall be grounds for immediate termination of this Agreement by Brokerage.
B. Agreement to Mediate and Arbitrate Disputes. Contractor hereby agrees to cooperate with Brokerage by supporting and fully participating in all efforts to resolve disputes, including those that arose before this Agreement, complaints and other problems (hereafter collectively called “Dispute(s)”) that arise: (i) out of this Agreement; (ii) out of Contractor’s conduct, activities or services as an real estate agent; (iii) out of any transaction in which Contractor is involved, or (iv) out of Contractor’s relationship with the Brokerage, any other Brokerage associate or any officers, shareholders, directors, employees, agents or affiliates of any of the Brokerage. Contractor agrees to cooperate in the resolution of such Disputes through mediation and, if not successfully resolved, then through binding arbitration in. Contractor makes the foregoing commitment with full knowledge that by agreeing to submit Disputes to binding arbitration, Contractor is agreeing not to resort to the courts or the judicial system and waiving Contractor’s rights to do so. If any other necessary party to any Dispute refuses to arbitrate and is not bound by agreement to do so or cannot be compelled to do so on other grounds, or if Brokerage and Contractor working in cooperation cannot persuade other necessary parties to agree to a mediation and arbitration system, then the foregoing commitment by Contractor to mediate and/or arbitrate that particular Dispute shall be of no force or effect.
C. Dispute Resolution Procedure. Contractor agrees to submit to voluntary mediation as an alternative to resolving Disputes if the parties cannot come to a resolution. Disputes shall be submitted to the American Arbitration Association (“AAA”) or to a mutually agreeable intermediary for mediation, and if unsuccessful, for binding arbitration, in accordance with AAA’s Commercial Mediation Rules or Commercial Arbitration Rules, as applicable.
D. Exceptions to Mediation and Arbitration. The dispute resolution procedures only apply to current members of the Brokerage. If a party leaves the Brokerage, neither the Contractor nor the Brokerage or other members of the Brokerage are bound by the dispute resolution procedures. Notwithstanding the obligation of Contractor to arbitrate or mediate as set forth in this Paragraph 8, neither Contractor or Brokerage shall be required to mediate or arbitrate Disputes, or any other matters or claims, that relate in any way to the Brokerage marks, the use of the Brokerage or to copyrights, trade secrets, or other proprietary rights owned by the Brokerage, or to the system standards including, any Confidential Information relating to the restrictions on subsequent business activities of the Brokerage as defined by this Agreement or the enforcement of any such restrictions. This Paragraph shall not preclude or be construed to require mediation or arbitration of, any demand or legal action, in law or equity, seeking to enforce the de-identification provisions or the termination of this Agreement on any grounds that would permit immediate termination for cause.
A. Ownership of Brokerage Marks. Contractor acknowledges that the Brokerage is the exclusive owner of all right, title and interest in and to all service marks, trademarks, trade names, membership marks, certification marks, logos, slogans, designs and any federal and state registrations and applications for registrations thereof. Contractor further acknowledges that the Brokerage marks have become widely known throughout the practice area of the Brokerage and are now well-recognized. The contractor also acknowledges that Brokerage has the right to use the marks.
B. Permitted Uses. Brokerage marks. Pursuant to the terms and conditions of this Agreement, Brokerage may grant permission to Contractor to use the marks, but to do so only in connection with Brokerage’s office name and address so as to indicate that Contractor is acting as an independent contractor exclusively for Brokerage. Contractor understands and agrees that Contractor has no independent right to use of any of the marks, but rather that Contractor’s use of the marks comes under and is subject to a limited license. The use of marks in any advertising, digital, or printed material must be explicitly approved by Broker prior to use. Contractor further understands that all use by Contractor of the marks inures exclusively to the benefit of Brokerage. Contractor agrees to use the marks only: (1) to signify that Contractor is affiliated with, and acts on behalf of, Brokerage and as such, is an affiliate of the Brokerage; and (2) to identify Brokerage as the entity on behalf of which Contractor engages in the business of procuring and performing the obligations under real estate service contracts.
C. Prohibited Uses of the Marks and Brokerage’s Name. Contractor is not authorized to and shall refrain from using Brokerage’s name or the marks: (i) in connection with any business other than the business of Brokerage; (ii) in conjunction with the name or photo of any licensed person who is not affiliated as a contractor with Brokerage; (iii) in the name of or in connection with activities comprising a private referral network; (iv) in conjunction with any third party service that competes directly with a service offered by the Brokerage to the public; (v) in any telephone directory or other directory listing or in any advertising, including without limitation, yellow pages display advertising, that does not comply with the Brokerage image, advertising & communications guidelines; (vi) on or in connection with any Internet website that functions for any purpose other than the promotion of the Brokerage or that do not include the name and address of Brokerage; (vii) in connection with the offering of real estate or related services in market areas that Contractor does not serve personally and directly; (viii) in connection with any real estate services that do not meet the standards of quality and professionalism in Contractor’s market area; or (ix) in any other manner not approved by Brokerage.
D. No Uses by or in Support of Third Party’s Services or Programs. Contractor is not authorized to and shall refrain from entering into any relationship with, or sponsorship or endorsement arrangement concerning, any third party individual or entity where such relationship results in, involves, or purports to permit, the use or display by such third party of Brokerage’s name, or any of the marks, or any other name that is associated with Brokerage’s name, in connection with the offering or promotion of such third party’s products, services, programs, beliefs or causes.
E. Ownership, and Assignment of Formative Domain Names. Contractor acknowledges and agrees that the ownership of all formative domain names as between Brokerage and Contractor shall be determined by the Brokerage. Contractor agrees not to assign or encumber in any way the ownership or control rights of, or any interest respecting, any formative domain name that Contractor owns or controls, to any person or entity other than Brokerage.
F. No Other Uses of Brokerage’s Name or Marks Permitted. Except as expressly permitted under this Paragraph, Contractor will not use Brokerage’s name or marks in any manner whatsoever. Under no circumstances is Contractor permitted to authorize any other real estate license holder to use Brokerage’s name or the marks on business cards or in advertising or promotional materials of any kind or to allow such license holder to appear in name and/or image with or under the marks or to otherwise benefit from them or Brokerage’s name.
G. Material Breaches. Any breach of any Subparagraph of this Paragraph shall constitute a material breach of this Agreement.
H. Indemnification for Costs of Forced Compliance. Contractor agrees to indemnify Brokerage for all costs incurred, including court costs, expert witness fees, consumer survey costs and reasonable attorney fees, by Brokerage, Region and/or International to secure full compliance with the provisions of this Paragraph.
A. By Brokerage with Cause. In the event Contractor violates this Agreement or otherwise fails to conduct his/her business in accordance with the terms of this Agreement, Brokerage may terminate this Agreement immediately and without prior notice, and may pursue any and all remedies for the material breach that are available to Brokerage at law or in equity.
B. By Either Party without Cause. Either party, without cause, may terminate this Agreement at any time upon the giving of thirty (30) days advance written a notice to the other.
C. Fees, Commissions, and Reimbursements Due. At termination, Contractor shall pay Brokerage for all outstanding Fees and Commissions due to Brokerage. Further, if Brokerage has advanced or paid for any expenses, marketing materials, or training programs for the benefit of Contractor, Contractor shall reimburse those expenses to Brokerage if this Agreement is terminated within the two (2) years after the effective date.
11. RESTRICTIONS ON SUBSEQUENT BUSINESS ACTIVITY
A. Materials. Contractor acknowledges that the forms, templates, files, manuals, contracts, agreements, brochures and other training, and sales materials provided hereunder by, and the information gained from, the files or business of the Brokerage, irrespective of the origin or ultimate source (collectively, the “Materials”), are and shall remain the exclusive property of the Brokerage. Upon termination or expiration of this Agreement, without Renewal or Extension, Contractor shall promptly return to Brokerage the original and all copies of the Materials in Contractor’s possession and shall not, after such termination or expiration use any aspect of the Materials for any reason, or permit, suffer or tolerate the use of the Materials for Contractor’s own advantage or the advantage of others.
B. Confidential Information. Contractor acknowledges that Contractor has obtained and/or will obtain knowledge of confidential matters, trade secrets, techniques, accounting procedures and other methods developed by, through and in the Brokerage system which are owned by the Brokerage, and are essential to the operation of the Brokerage (collectively, the “Confidential Information”), without which Contractor could not as efficiently, as effectively or as profitably operate or conduct Contractor’s real estate activities. Contractor further acknowledges that the Confidential Information was unknown to Contractor prior to Contractor’s affiliation with the Brokerage and that the methods developed by and for the Brokerage are unique and novel. Contractor shall take all necessary steps, at Contractor’s own expense, to protect the Confidential Information and shall not divulge the Confidential Information, either during the term of this Agreement or following termination or expiration of this Agreement or any Renewal or Extension, without the prior written consent of the Brokerage.
C. De-Identification. Following termination or expiration of this Agreement without Renewal or Extension or of Contractor’s affiliation with the Brokerage upon any other event, Contractor shall be free to continue Contractor’s real estate career with competing Brokerages or to establish Contractor’s own Brokerage or other business alone or in concert with others. However, in connection with any business hereafter carried on by Contractor, Contractor shall refrain from all use of the Materials, the Confidential Information, Marks, and shall refrain from all representations, advertisements, actions and business activities that may mislead others in the real estate business and/or the public to believe Contractor is still a part of, affiliated with or sponsored in some way by the Brokerage.
D. Enforcement; Injunctive Relief; Attorneys’ Fees. Contractor hereby acknowledges and agrees that it would be difficult to measure the economic loss that would occur as a result of the breach of any of the provisions of this Paragraph, and that such a breach would cause immediate and irreparable harm for which there would be no adequate remedy at law. Contractor further acknowledges and agrees that any of the foregoing provisions may be enforced by injunction and/or restraining order. Further, Contractor acknowledges and agrees that the Brokerage, as the owner of federal and state registrations for and common law rights in the marks, shall have a direct right to enforce any of the provisions contained in this Paragraph through appropriate legal proceedings. If the Brokerage is required to retain an attorney to enforce any of the provisions of this Paragraph or to institute legal proceedings incident to such enforcement, Contractor shall pay, in addition to all other sums for which Contractor may be found liable, reasonable attorneys’ fees, court costs and litigation expenses incurred by the Brokerage.
12. MISCELLANEOUS PROVISIONS
A. Any notice required to be given pursuant to this Agreement shall be given in writing and delivered in person or by certified mail, return receipt requested, postage prepaid, to the party entitled to receive notice at the address given above. Notices so mailed shall be deemed to have been given as of the time of deposit in the United States mail. Changes of address shall be given in the same manner as other notices.
B. No change or modification of this Agreement shall be valid unless the same shall be in writing and signed by all of the parties hereto; the parties acknowledge that this is the complete and final expression of their Agreement.
C. No waiver of any breach of any provision or condition of this Agreement shall constitute a waiver of any subsequent breach of the same or any other provision or condition of this Agreement.
D. This Agreement shall be governed and construed in accordance with the laws of this State. The invalidity or unenforceability of any particular word, sentence, paragraph, subparagraph, or provision of this Agreement shall not affect the validity or enforceability of the other words, sentences, paragraphs, subparagraphs or provisions of this Agreement and this Agreement shall be interpreted in all respects as if such invalid or unenforceable parts were omitted.
E. Contractor and Brokerage agree that any and all disputes relating to this Agreement must be brought in the appropriate courts located in the county in which the Brokerage maintains its primary location, and the parties irrevocably consent to the venue and jurisdiction of such courts.
F. This Agreement shall become binding upon and inure to the benefit of the parties hereto, their heirs, executors, administrators, successors and assigns, but shall not be assignable by Contractor without the prior written approval of the Brokerage.
G. Brokerage reserves the right to assign, pledge, hypothecate or transfer this Agreement, or its interest herein, provided that Contractor’s rights and privileges granted herein shall not be affected.
Contractor hereby acknowledges that he/she has been advised by Brokerage that as an independent contractor (nonemployee) affiliated with Brokerage, he/she is responsible for the payment of all his/her own federal income taxes and his/her own self-employment taxes (FICA) together with any and all corresponding state, county and local taxes, if any, and Contractor hereby agrees to meet such responsibilities. Contractor hereby waives any claims he/she has or may have against Brokerage now or in the future respecting such taxes of the right of Brokerage not to withhold, not to pay or not to contribute to such taxes on behalf of Contractor.
THE SUCCESS OF CONTRACTOR IN A REAL ESTATE CAREER IS SPECULATIVE AND WILL DEPEND ON MANY FACTORS INCLUDING, TO A LARGE EXTENT, CONTRACTOR’S INDEPENDENT BUSINESS ABILITY. CONTRACTOR HAS NOT RELIED ON ANY WARRANTY OR REPRESENTATION, WRITTEN, PRINTED, OR ORAL, EXPRESS OR IMPLIED, AS TO HIS/HER POTENTIAL SUCCESS IN THE BUSINESS VENTURE CONTEMPLATED HEREBY AND NO ONE HAS PROMISED, GUARANTEED OR ASSURED CONTRACTOR OF ANY LEVEL OF SUCCESS OR INCOME.
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IN WITNESS WHEREOF, the Parties hereto, by their signatures below, acknowledge their understanding of and commitment to the terms of this Agreement.
By: We Say Sold, Inc
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Signed by WeSaySold Real Estate & Investment
Signed On: September 9, 2017
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Document Name: Melbourne Realtor Sign Up Agreement
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