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INDEPENDENT CONTRACTOR AGREEMENT
Quality Service Realty, Inc. Hereby referred as "Broker" is licensed as a real estate broker in the state of Florida and performs acts designated with Chapter 475, Florida Statutes, enjoys goodwill and a reputation for dealing with the public, and maintains an office for the purpose of serving the public as a real estate broker.
The person signing this agreement below hereby referred as "Associate" is licensed in the state of Florida and is properly qualified to deal with the public as such.
Effective upon your acceptance of this agreement below, Broker and Associate agree to associate pursuant to the following terms and conditions.
1. Employment Status:
Broker retains Associate as an independent Contractor to assist Broker in the performance of real estate-related activities. With respect to the clients and customers for whom service is performed within the scope of this agreement, Associate will be construed to be an agent of the Broker; otherwise, Associate will not be deemed a servant, employee, joint venture, or partner of Broker for any purpose. Associate will not be treated as an employee for federal tax purposes with respect to the services performed for Broker under this agreement. Associate is responsible for paying her/his own estimated income tax payments, self-employment taxes, occupational taxes and other taxes, if any, to the appropriate governmental entities. Broker will not withhold any taxes from compensation due to Associate, nor will Broker provide worker's compensation insurance for Associate.
2. Associate Responsibilities: Associate will use her/his best efforts to procure real estate-related business for Broker and will conduct her/his business in a reputable manner and in accordance with all laws, rules, regulations and codes of ethics that are binding upon or applicable to real estate licensees, and with Broker's office policy manual.
(a) Office Policy Manual; Business Plan; First 30 days guide: In addition to this document, upon activation, Associate will receive Quality Service Realty's Office policy manual containing standard policies and procedures guidelines that Associate agrees to comply with and a business plan for the first year and a guide for the first 30 days.
Associate recognizes and acknowledges the obligation to keep abreast of all legal and other issues that affect the real estate industry as they may change from time to time. Associate will not commit any act that violates Florida real estate license law.
i. Fair Housing:
Broker and Broker's company supports and practice Fair Housing principles. Associate has been advised that failure to comply with Fair Housing principles will result in appropriate disciplinary action and possible termination of this agreement. Associate warrants and represents that it is Associate's intent to attend Fair Housing instructional programs, keep current on developments in Fair Housing as it affects real estate marketing and sales, and comply with the Fair Housing laws and regulations. Associate understands this acknowledgment, warranty, and representation and agree to it voluntarily.
(c) License Renewal; Continuing Education: Dues:
Associate will be responsible for timely renewing Associate's real estate license and for completing all legally required continuing education in a timely manner and maintaining the records that evidence such completion as required by the Florida Real Estate Commission. Associate will be responsible for paying all license fees, membership dues, and fines.
(d) Broker Supervision:
Associate will be deemed to be working under Broker's supervision only to the extend required by Chapter 475, Florida Statutes. Associate will perform all activities, including those activities Broker requires Associate to performed, independently without Broker's supervision or control.
(e) Broker Property:
Associate acknowledges that all pending sales and listings taken during the term of this agreement are Broker's property. All programs, forms, data, keys, manuals, and other paraphernalia relative to the business of Broker are Broker's property, as are all documents and other items pertaining to transactions.
(f) Property of others:
In accordance with Florida law, Associate will deliver to Broker, by the end of the next business day following receipt, any funds or other items that a consumer has entrusted to Associate in connection with a real estate transaction.
Broker will not be liable to Associate for any expense incurred by Associate nor for any of Associate's acts. Associate will have no authority to bind Broker by any promise or representation, oral or otherwise, unless specifically authorized in writing in a particular transaction. Suits, whether for fees or otherwise, against clients, customers, and others in the real estate business will be maintained only in Broker's name. Associate is responsible for providing all tools necessary to perform the duties outlined. Associate will also be responsible for providing Associate's own automobile and is responsible for transportation expenses, including insurance in the minimum coverage amount of $100,000.00 for personal injury protection liability and insurance in the minimum coverage amount of $300,000 for bodily injury liability and insurance in the minimum coverage amount of $300,000.00 for property damage liability and other expenses incidental to performing Associate's duties without receiving any reimbursement from Broker. Broker will be named as an additional insured in all such policies.
Associate will indemnify and hold Broker , its officers, directors, and employees harmless from all claims, demands, suits, costs, and expenses, including reasonable attorney's fees at all levels, of whatever nature and description to the extent based on Associate's representations, acts, omissions, negligence, willful misconduct, or violation of laws, rules, regulations, codes of ethics, this Agreement, or office policy manual.
3. Broker Responsibilities:
(a) Access to Listings:
will provide Associate with access to all current listings of Broker and listings made available to Broker through offers of cooperation, except those listings that Broker, in her/his/its discretion places exclusively in the possession of another associate.
(b) Access to Facilities:
Associate may use Broker's then existing office facilities for the performance of associate's duties as described on the office policy manual.
Broker will compensate Associate in proportion to Associate's output with regard to real estate-related activities and not to hours worked by associate. Such compensation will be solely through commissions as described below and in Broker's office policy manual, if any. In the event of conflict between Broker's office policy manual and this Agreement, the terms of the office policy manual will prevail. Broker may deduct from Associate's compensation any amounts due from Associate to Broker.
(i) Amount; Payment:
When Associate performs any brokerage service for Broker and Broker earns and collects a fee for such service, Broker will pay Associate within 3 days after the funds are collected and have cleared and all documents related to the transaction have been received by Broker:
(ii) Broker will pay Associate 100% of the fees as commission for all residential transaction and depending on the plan Associate selects Broker will deduct $75.00 per month and $100.00 per transaction or $125.00 per month as described on office policy manual.
(iii) Broker will pay Associate 90% of the fees as commission for all commercial and business transactions
Associate will be provided with no minimum salary, vacation pay, sick leave, or any other fringe benefit.
(v) Collection of Fees:
Broker will not be required to prosecute or sue any party in order to collect any fee for services performed by Associate. However, if Broker incurs attorney's fees and costs in the collection of or attempt to collect a fee, such amounts will be deducted from Associate's commission.
(vi) Compensation after Termination of Agreement:
After termination of this agreement, Broker will pay Associate any amount earned before termination less amounts owed to Broker and amounts Broker must pay another licensee to complete pending transactions for which Associate was responsible before termination.
4. Errors and Omissions Insurance:
Broker maintains Errors & Omission insurance which coverage includes Associate. Associate understands that he/she is responsible for payment of the deductible amount for each claim on their behalf. The current deductable is $1,800.00 and is subject to change without notice to Associates. Should any insurance claim arise as a result of Associate’s actions after the termination of this agreement, Associate understands they are responsible for any deductible and/or expense related to such claim.
5. Term; Termination:
This agreement will be in effect for one year from the effective date. Either party may terminate this Agreement by 30 days' advance written notice to the other party. Broker may terminate this Agreement without notice for wrongful conduct by Associate. Failure by either party to maintain active licensure status pursuant to Chapter 475, Florida Statutes, will be deemed automatic termination. Associate will not, after termination of this Agreement use to her/his own advantage, or to the advantage of any person or entity, any information gained from the business of the Broker relating to property for sale, lease, or rental, or Broker's customers or clients. Upon termination of this Agreement, Associate will return all Broker's property to Broker with no copies made or retained by Associate.
Associate acknowledges that Broker may disclose confidential information to Associate during the course of this Agreement. Any such information that is or should be reasonably understood to be confidential or proprietary to Broker, including mailing lists, customer and client lists, sales, costs, unpublished financial information, product and business plans, projections, marketing data, computer programs and supporting documentation, and Broker's office policy manual, if any, are considered confidential property of Broker. Associate will take reasonable steps and use due care during the term of this Agreement and after its termination to prevent the duplication or disclosure of confidential information, other than by or to Broker's employees or agents who must have access to the information to perform their duties for Broker.
7. Dispute Resolution:
This Agreement will be construed under Florida Law. All disputes between Associate and another Associate in Broker's firm will be resolved by Broker. All disputes between Broker and Associate will be mediated under the rules of the American Arbitration Association or other mediator agreed upon by the parties. The parties will equally divide the mediation fee, if any. In any litigation between Broker and Associate, the prevailing party will be entitle to recover reasonable attorney's fees and costs at all levels.
By accepting this agreement online during the registration process and signing electronically, you indicate you have read, understand and agree to be bound by this agreement. You also agree to the terms and conditions of the entire agreement.
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