AGREEMENT WITH INDEPENDENT CONTRACTOR
THIS AGREEMENT made and entered into this _____ day of _______________, 20__, by and between DRAKE REALTY, INC., a Corporation and ________________________________ of ________________ County, Georgia, an independent contractor, hereinafter referred to as Salesperson. WHEREAS, Independent Contractor is or will be a duly licensed real estate salesperson in good standing with the Georgia Real Estate Commission;
WITNESSETH: FOR AND IN CONSIDERATION of the reciprocal promises herein made, Broker and Salesperson hereby agree as follows: 1. COVENANTS OF SALESPERSON (a) Salesperson agrees to act as a real estate agent exclusively for Broker from the date hereof until salesperson association is terminated. Salesperson agrees to work diligently to sell, lease or rent any and all real estate listed with the Broker, and agrees to solicit additional listings and customers for said Broker and to transact all his/her estate business as an ssociate 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 corporation; (b) Salesperson agrees to conform to and abide by all laws, rules and regulations that are binding upon or applicable to real estate brokers and real estate salespersons, and to conform to and abide by the Code of Ethics of the National Association of Realtors and to maintain his/her real estate salesperson license in good standing. (c) Salesperson shall establish and follow his/her own hours and time of work. Salesperson shall conduct his/her affairs as an independent licensed real estate salesperson within the Corporation, pursuant to the requirements applicable to Independent Contractor and Corporation real estate licenses and to assume and retain full responsibility and discretion for his/her conduct and to regulate his/her habits as to maintain and increase rather than diminish the good will and reputation of Corporation. (d) Salesperson shall maintain in force and effect personal automobile liability insurance sufficient to cover them as Real Estate Independent Contractors. (e) To indemnify and hold harmless Corporation 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 Corporation, or any judgments, damages, losses, including any loss of business or credit, costs, expenses, and fees, including reasonable attorney fees, incurred by Corporation as a result of Independent Contractor conduct and /or negligence or breach of or default in any provision of this agreement, including, without limitation, any costs, expenses and fees, including reasonable attorney fees, incurred by Corporation in enforcing any provision of this agreement; (h) To reimburse and pay with monthly fee Independent Contractor business expenses incurred during the preceding month, it being expressly understood by Independent Contractor that Corporation is to be reimbursed by Independent Contractor the moneys paid by Corporation on Independent Contractor behalf under the provisions of this agreement and that other moneys paid by Independent Contractor pursuant to the provisions of this agreement are in no manner intended to be in payment for any part of the aforesaid expenses. (i) To permit Corporation to pay into any cooperating real estate broker an agreed percentage of any commission earned by Independent Contractor.
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(j) Attached and made part of this contract are one of the following amendments: a. $100 Plan b. $79 Plan c. $29 Plan d. Mentoring Plan (k) Salesperson may change between plans, excluding the mentoring plan, at any time. The first thirty days the agent is on their new plan, all contracts written within the first thirty days, regardless of when they become binding or are closed, will be paid according to the previous plan of the agent. The agent will be required to sign a new plan amendment before they are considered on the new plan. It is the agent’s responsibility to make sure the amendment is signed timely. (l) Salesperson agrees they have no, nor did they ever have, any right, title or interest, of any nature whatsoever, in any system, procedure, make, name or other matter relating to Corporations business and further, that he/she will not directly or indirectly contest the validity of any right, title, interest, patent, copyright, trade mane, trademark or service mark or any application therefore, of Corporation or Corporation Licensor, in respect of any such system, procedure, mark, name or other related matter. (m) Salesperson agrees if earnest money or contract is not turned in within 3 days of binding date then the contract is subject to a commission split of broker’s choice. Salesperson agrees to pay corporation 1% but not less than $100.00 of the contract price at time of closing when a copy of the contract is not turned in within 3 days of binding date. 2. COVENANTS OF CORPORATION. During the term of this agreement Corporation agrees: (a) To make available to Salesperson all current listings of Broker, except such listings as Broker may place exclusively in the temporary possession of some other salesperson. All listings provided to Salesperson by Broker, shall be and remain the property of Broker. All listings that Salesperson obtains outside of assistance from Broker remain with Salesperson. (b) To accept Independent Contractor under its Corporation license as a licensed real estate salesperson at the office location of Corporation; (c) to make available to Independent Contractor, as desired by Independent Contractor, the use of its office and office management services at a designated location; (d) To make available to Independent Contractor, as desired by Independent Contractor, for purchase at Corporation’s cost, including any storage, shipping, interest or other charges, all signs, brochures or other materials and equipment used by Corporation in the conduct of its business; (e) To maintain full and accurate books of account and records and a standard system of accounting in connection with the expenses to be advanced by Corporation but which expenses it is understood and agreed by the parties shall be reimbursed to Corporation by Independent Contractor, all as hereinabove set forth in subparts (d) of this paragraph, which books and records shall be available at all reasonable times for Independent Contractor’s inspection; (f) To pay over to Independent Contractor when collected by Corporation 100% of all real estate commissions received as a result of Independent Contractor’s conduct as a licensed real estate salesperson, except as any such commissions shall be reduced by payment of a part thereof to other participating person including Broker who are deemed by the corporation to have earned a part of said commissions and provided; however, Corporation shall have the right to deduct from the payment of said commission moneys, an amount equal to any indebtedness or other amounts due Corporation by Independent Contractor. Neither party hereto shall be liable to the other for any commissions not collected. 3. TERMINATION. (a) The term of this agreement shall be for a period of one (1) year from the date hereof. This contract may be terminated without cause by either party upon full payment of all moneys due through term of this contract and thirty days written notice of termination to the other party. Notice may be actually delivered or mailed to the party’s last known address. Salesperson acknowledges that they are obligated to pay Drake Realty, Inc. over the 12 months of this contract term. In the event salesperson leaves Drake Realty, Inc. prior to the end of this contract period for any reason, the outstanding balance is due upon termination. Salesperson agrees to pay any attorney fees incurred by Drake Realty, Inc. in enforcing this contract.
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b) Promptly after the termination of the Agreement, and in all events within five (5) days thereafter, Salesperson shall deliver to Broker, and make a full and accurate accounting of, all the property hereinafter mentioned which Broker has provided to Salesperson during the term of this Agreement, all plats of property, keys, For Sale signs, notebooks, listing cards, records of kinds that have been used in connection with the listing or selling of property, all other materials owned by the Broker or for which Broker is responsible, and all written lists of names of all prospective purchasers, sellers, lessees or lessor in the possession of Salesperson, only those furnished by Broker during the term of this Agreement. Salesperson is not responsible for returning any items obtained solely by salesperson. (c) After, but not prior to Salesperson’s compliance with the other provisions of this Paragraph, Salesperson shall be entitled to receive any unpaid compensation of completed work (meaning that the applicable sales contract has been fully executed) by Salesperson in accordance with Paragraph 2 hereof prior to the termination of this Agreement, but such sums shall not be due or payable until Broker has actually received the commission for the work completed by Salesperson. (d) Salesperson shall not be entitled to receive any commission for any work that has not resulted in a fully executed sales contract prior to the time this Agreement is terminated. 4. MISCELLANEOUS. The provisions of this Agreement are severable and the invalidity of one or more provisions shall not affect the enforceability of others. Salesperson shall not be entitled to any advances against future commissions. In transactions involving other salesperson where salespersons share of commission is to be divided, the manner and method of division shall be determined in advance of the consummation of the transaction and in the event of any dispute between salespersons. To avoid misunderstanding, Broker must be advised in writing of the manner and method of commission split. 5. WAIVER. Waiver of, or failure to strictly enforce, by the parties any of the provisions of this agreement or any default hereunder shall not constitute or operate as a waiver of such parties right to demand strict performance of this or any other provision hereof or any other default hereunder. 6. ASSIGNMENT. This agreement may not be assigned in whole or part by Independent Contractor, except upon Corporation’s prior written consent but may be assigned by corporation to any successor to its business in whole or part. 7. AGREEMENTS AND AMENDMENTS. This agreement embodies the entire agreement between the parties hereto with relation to the subject matter hereof and supersedes any previous agreement or understanding, whether verbal or otherwise, with relation hereto. This agreement may not be amended, changed, revised or altered except by an instrument in writing signed by all of the parties hereto. 8. LEGAL CONSTRUCTION. It is agreed and understood that this agreement shall be governed by and constructed in accordance with, the statutes, laws and decisions of an effective within the hereinabove mentioned State as of the date hereof. Should any portion or provision of this agreement be deemed invalid or void at law, this agreement shall be construed as though such portion or provision had not been inserted herein and the remainder of this agreement shall remain in full force and effect. Title to paragraphs used in this agreement are for convenience only and shall not be constructed as part of this agreement or construed to define, limit or amplify the provisions hereof. 9. BINDING EFFECT. This agreement shall be binding upon and insure to the benefit of the parties hereto and their respective heirs, personal representative, assigns and successors in interest and shall be enforceable within law or equity by specific performance, injunction or otherwise. IN WITNESS WHEREOF, the parties have hereto executed this agreement as of the day and year first above written.
CORPORATION:
INDEPENDENT CONTRACTOR
DRAKE REALTY, INC.
By: __________________________ (Authorized Officer)
Signature: ________________________ Print Name: _______________________ Social Security Number:___________________
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