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INDEPENDENT CONTRACTOR

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					                              INDEPENDENT CONTRACTOR



WHEREAS, Michael D. Steigler, D/B/A SYNERGY REALTY EAST, INC., hereinafter referred to
as Broker, is licensed Real Estate Broker, and,




WHEREAS, said Broker in the conduct of his business will work with licensed real estate agents
in particular localities, and,




WHEREAS,…………………………………….., hereinafter called Independent Contractor, is a
licensed Real Estate Salesperson in good standing with the Georgia Real Estate Commission,
and,




NOW, THEREFORE in consideration of the foregoing recitals, other good and valuable
consideration, the receipt and sufficiency of which acknowledge and mutual covenant and agree,
as follows:




Broker to accept Independent Contractor under his license as a licensed Real Estate
Salesperson.




This agreement does not constitute a hiring by either party. The parties hereto are and shall
remain independent contractors bound by the provisions hereof. Independent Contractor is under
the control of the Broker as a result of Independent Contractor’s work only and not as to the
means by which such work is accomplished. This agreement shall not be construed as a
partnership; neither party hereto shall be liable for any obligation incurred by the other except as
provided elsewhere herein. Broker shall not withhold from Independent Contractor’s commission
any amounts for taxes, State or Federal. Broker shall not make any premium payments or
contributions for any workers compensation or unemployment compensation.




The term of this agreement shall be for 12 months (1 year) except that it shall be deemed earlier
terminated thirty (30) days after notice from either party hereto to the other party of Broker’s or
Independent Contractor’s sole discretion with or without cause. This agreement shall also
terminate upon Independent Contractor’s primary residence changing to any location outside the
State of Georgia. Determination of location of said Broker shall make residence solely on a
reasonable interpretation. Broker at Broker’s option may terminate and void this contract should
Independent Contractor change address and/or phone number without notifying Broker. In the
event any mail to the below address is returned or Broker is unable to contact Independent
Contractor at the below phone number, Broker shall have the right to immediately exercise and
return Independent Contractor’s License to the Real Estate Commission.
Independent Contractor shall have no authority to bind or commit Broker by any promise or
representation, unless specifically authorized by Broker in writing. Independent Contractor is to
transact all his or her real estate business as an "associate broker" or as a "salesperson" as
defined by the Official Code of Georgia Annotated: Title 43, Chapter 40, Section 1 (O.C.G.A 43-
40-1) exclusively through Broker.




Independent Contractor shall be and is hereby authorized to execute Contracts of Sale and
Listing Agreements for properties located within the State of Georgia for and on behalf of
SYNERGY REALTY EAST, INC., as agent, subject to (1) Independent Contractor is complying
with Federal Laws pertaining to lead based paint, and (2) Independent Contractor being able to
receive Faxes from Broker in the manner prescribed in the current "Office Policy." Properties
located outside the State of Georgia to be on a referral basis as allowed by Georgia Code and by
the Code of any other government entity having jurisdiction over said property. In the event
Independent Contractor desires to participate in a manner not authorized by this paragraph,
Broker is to be contacted prior to beginning and participation to determine proper procedures and
costs to include but not limited to a revision in commission payments described herein.




Independent Contractor is to maintain a complete file on all real estate transactions,
consummated (closed) or otherwise, as required of Broker by the Georgia Code and or Georgia
Real Estate Commission. Independent Contractor to maintain said files for a period of time
required by said Code and/or commission, or a minimum of 7 years. Said files to be made
available to Broker upon demand. This requirement to survive any expiration or termination of the
agreement.




Independent Contractor shall pay a monthly non-refundable maintenance fee of $125.00 due and
                   th
payable on the 25 of each month. Independent Contractor shall receive from Broker 100% of all
commissions Independent Contractor earns less $150.00 transaction fee. Said commissions
earned does not include that portion of the commission which Independent Contractor has agreed
(is obligated) to pay any co-operating Broker. If Broker is required to attend any closing, there will
be an additional charge of $100.00. Payment to said Independent Contractor to be made after
receipt by Broker of certified Funds for said earnings, or Broker confirming that non certified funds
have been credited to Broker’s account. Payment is further conditioned upon Broker having
received copies of all documents, which Broker is required by law to maintain.




Independent Contractor agrees to participate in any/all organizations, which Broker chooses to
join, whose requirements mandate membership by all associates, and to pay Independent
Contractor’s share of expenses. Said organizations include, but are not limited to MLS, FMLS,
Board of Realtors, and/or companies providing insurance. Said organizations and/or insurance
coverage shall be at the sole discretion of the Broker. Independent Contractor is to comply with
all rules, regulations, and policies of all organizations that Broker participates in.
Broker to pay Independent Contractor for work begun but not completed prior to termination as
follows:




1. Unless Georgia Code or Georgia Real Estate Commission Rules prohibits said payments; and
Independent Contractor’s account with Broker is current and GA Code 43-40-19 has been
complied with; payment to be as originally agreed, conditioned upon Broker not having to
participate in any proceedings. Prior to said payment Independent Contractor to submit
agreement prepared by new Broker in accordance with 43-40-19 acknowledging transfer and
concurrence with participation and said payment.




2. If payment is not prohibited and Broker has to take any action to include working with
customer/client during period of no Broker agreement, then said "agreed to" payment to be
reduced to 30%.




3. Until both Brokers have approved a direct payment and participation agreement, Georgia Code
prohibits Independent Contractor from any contract with customer/client.

NOTE: In order to avoid loss of all or part of commission Independent Contractor should have
new Broker draft an agreement prior to transfer and bring to Broker at time of getting a release.




Independent Contractor to have the right and privilege of transferring their listings to any new
Broker subject to the desires of said principle. Transfer forms must be presented at time of
"release" in order for Independent Contractor to continue to work with them without a reduced
commission. Independent Contractor to advise Broker at time of any release of any open
contracts.

Independent Contractor’s account is to be brought current by Independent Contractor and all
Brokers’ property to be returned to Broker prior to leaving Company or prior to termination of this
agreement, whichever occurs first.

Independent Contractor to reimburse Broker for any expense (s) incurred by Broker as a result of
any agreements entered into by Independent Contractor, whether incurred during association or
after release.

Independent Contractor not to receive any minimum salary or sick pay.

The Independent Contractor will not be treated as an employee with respect to the services
performed by such Independent Contractor as a real estate agent for federal tax purposes.

Independent Contractor is not to seek permission for vacation periods. Said Contractor is,
however, to insure that during periods of absence that the needs of any customer/client are
properly serviced.

Independent Contractor shall not be required to attend meetings, maintain specific schedules,
and be directed in the mode and manner of accomplishment.
Independent Contractor to pay for all office and transportation expenses insurance, income and
FICA taxes.

Independent Contractor to indemnify and hold harmless Broker from and against and in respect
of any and all liabilities, obligations, assessments, suits, actions, proceedings, claims or demands
asserted against Independent Contractor and/or Broker as a result of said Independent
Contractor’s actions to include E&O Insurance deductible. Independent Contractor shall pay any
and all judgments, demands, losses, including any loss of business or credit, costs, expenses,
and fees to include reasonable attorney fees actually incurred for advice, information, and/or
defense, incurred by Broker as a result of Independent Contractor’s conduct and/or negligence or
breech of or default in any of this agreement.

"OFFICE POLICY" attached hereto is made a part hereof by reference. Said policy to be
amended at the discretion of Broker and become effective upon notice to Independent Contractor.

This contract shall insure to the benefit of, and be finding upon the parties hereto, their heirs,
successors, administrators, and executors. In the event of death or incapacitation of the
Independent Contractor, or in the event Independent Contractor, or in the event Independent
Contractor moves from the state of Georgia; Broker is to be given the complete set of Real Estate
files maintained by said Independent Contractor.

In the event Federal, State or local laws or ordinances are passed leading to increased Broker
expenses, specifically, but not limited to a requirement mandating Broker provide medical
coverage for Independent Contractor, then Broker, unless disallowed by said law, to collect
Independent Contractor’s full amount of said costs from said Independent Contractor. If Broker
not permitted to collect said amount by law or Independent Contractor fails to pay said costs
within 5 days of billing, then this contract shall be deemed null and void and Broker to return
Independent Contractor’s license to the Real Estate Commission.

SUPPORT PERSONNEL: Independent Contractor is not to utilize any persons to support their
real estate activities, paid or unpaid, unless and until the Support Personnel execute a
"SYNERGY REALTY EAST, INC. Support Personnel agreement." This includes spouses and
children. Ref. GA Real Estate Rules and Regulations 520-1-40. Said support personnel may
perform duties as outlined in 520-1-40 subject to whether or not they have an active real estate
license. If they have an active real estate license Independent Contractor may hire them provided
they also have an Independent Contractor agreement through Broker. If they do not have a
license, Independent Contractor may hire them as employee. The amount of any compensation
shall be at the discretion of the Independent Contractor, however support personnel, whether
they be licensed or not, are to fully understand in writing that they have no employment
relationship with SYNERGY REALTY EAST, INC. for their support work. All agreements with
support personnel must be filed with Broker prior to any work being done.

NOTES: 1. Independent Contractor to provide to Broker with a signed copy of the written
agreement, which must include said above understanding, between Contractor and each Support
Personnel prior to the execution of said above "SYNERGY REALTY EAST, INC SUPPORT
Personnel Agreement."

2. Broker’s approval for "1099" type compensation will be forthcoming with sufficient
documentation that Support Personnel satisfies IRS requirements as a 1099 Employee.

In event maintenance fee becomes one day in arrears Broker may, at his discretion, return
Independent Contractor’s license back to the Real Estate Commission.
In the event Independent Contractor’s license lapses for any reason to include but not limited to
newly licensee’s failure to get required training within 12 months this contract is voided.
Independent Contractor to send to Broker copies of all correspondences to Real Estate
Commission to include license renewals. There will be no refund of any monies paid to Broker
what so ever for any reason.

SEVERABILITY. The invalidity or enforce ability of any provision of this contract shall not affect
the invalidity or enforce ability of any other provision hereof.

WAVIERS. No wavier of any breach of any agreement or provision of this contract shall be
deemed a waiver of any preceding or succeeding breech thereof any other agreement or
provision herein contained.

ASSIGNMENT. Independent Contractor may not assign this agreement, however Broker may
assign his rights over if qualifying Broker changes.

In witness whereof, the parties have hereunto signed their names and affixed their seals, this




_________________Day of __________________ 20___




___________________________                     __________________________

INDEPENDENT CONTRACTOR                          BROKER




License Number____________________ Expiration _________________




SSN_______________________________ D.O.B____________________________




Fax Number________________________ Phone ________________________




E-mail_________________________________




Address__________________________________________________________

_______________________________________________________________________

				
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