INDEPENDENT CONTRACTOR AGREEMENT
THIS INDEPENDENT CONTRACTOR AGREEMENT (the “Agreement”) dated this ____ day of June,
2022 BETWEEN:
Magnum of [Insert Address]
(the “Client”)
-AND-
[Insert Associate Licensee’s Name] of [Insert Address]
(the “Contractor”)
BACKGROUND:
A. The Client is of the opinion that the Contractor has the necessary qualifications, experience and abilities
to provide services to the Client.
B. The Contractor is agreeable to providing such services to the Client on the terms and conditions set out
in this Agreement.
IN CONSIDERATION OF the matters described above and of the mutual benefits and obligations set forth in
this Agreement, the receipt and sufficiency of which consideration is hereby acknowledged, the Client and the
Contractor (individually the “Party” and collectively the “Parties” to this Agreement) agree as follows:
Services Provided
1. The Client hereby agrees to engage the Contractor to provide the Client with services (the “Services)
consisting of brokerage of real estate.
2. The Services will also include any other tasks which the Parties may agree on. The Contractor hereby
agrees to provide such Services to the Client.
Term of Agreement
3. The term of this Agreement (the “Term”) will begin on the date of this Agreement and will remain in
full force and effect indefinitely until terminated as provided in this Agreement.
4. In the event that either Party wishes to terminate this Agreement, that Party will be required to provide
at least 365 days’ notice to the other party.
5. In the event that either Party breaches a material provision under this Agreement, the non-defaulting
Party may terminate this Agreement and require the defaulting Party to indemnify the non-defaulting
Party against all reasonable damages.
6. Except as otherwise provided in this Agreement, the obligations of the Contractor will end upon the
termination of this Agreement.
Performance
7. The Parties agree to do everything necessary to ensure that the terms of this Agreement take effect.
Reimbursement of Expenses
8. The Contractor will not be reimbursed for expenses incurred by the Contractor in connection with
providing the Services of this Agreement.
Non-Solicitation
9. The Contractor understands and agrees that any attempt on the part of the Contractor to induce other
employees or contractors to leave the Client’s employ, or any effort by the Contractor to interfere with
the Client’s relationship with his employees or other service providers would be harmful and damaging
to the Client.
10. Until this agreement expires or is terminated, the Contractor will not in any way directly or indirectly:
a. Induce or attempt to induce any employee or other service provider of the Client to quit employment
or retainer with the client;
b. Otherwise interfere with or disrupt the Client’s relationship with its employees or other service
providers;
c. Discuss employment opportunities or provide information about competitive employment to any of
the Client’s employees or other service providers; or
d. Solicit, entice, or hire away any employee or other service provider of the Client.
Return of Property
11. Upon the expiry or termination of this Agreement, the Contractor will return to the Client any property,
documentation, records or Confidential Information which is the property of the Client.
Capacity/Independent Contractor
12. In providing the Services under this Agreement it is expressly agreed that the Contractor is acting as an
independent contractor and not as an employee. The Contractor and the Client acknowledge that this
Agreement does not create a partnership or joint venture between them, and is exclusively a contract for
service.
Notice
13. All notices, requests, demands or other communications required or permitted by the terms of this
Agreement will be given in writing and delivered to the Parties of this Agreement as follows:
a. Adamas Suzman
______________________________
b. JM
______________________________
or to such other address as any Party may from time to time notify the other.
Dispute Resolution
14. In the event a dispute arises between the Contractor and other Associate Licensees, they agree to attend
internal mediation session(s) with a panel of company managers and/or peers of the company’s
choosing. All internal transactions should have written agreements. If no such agreement exists, the
company’s designated broker will withhold the compensation until a determination is made in the
dispute by the designated broker or subsequent panel. The results shall be final and binding. No other
dispute resolution method will be allowed.
15. All parties to this Agreement, by entering into it, are giving up their right to have any controversy or
claim arising out of or relating to this Agreement decided in a court of law before a jury, and instead, are
accepting the use of arbitration. The Contractor may wish to seek outside advice of counsel concerning
this procedure.
16. In rendering the award, the arbitrator shall determine the rights of the parties per the substantive laws of
the State of North Dakota.
17. The arbitration proceedings shall be administered by Judicial Administration & Mediation Services, Inc.
(JAMS) in accordance with their existing streamline rules of practice and procedure.
Non-Compete
18. In the event that the Contractor becomes employed with a competing broker in the same market, the
Contractor agrees to not disclose or utilize, share or distribute trade secrets, company files, databases,
records, clients lists, training material, franchise-owned content or copy written information. Upon
termination, the Contractor will immediately return any such material and online access in his/her
possession and at all times preserve the confidential nature of his/her relationship with the Client.
Use of Technology
19. The Contractor agrees to access the NextHome intranet and use tools and training as provided. The
Contractor is encouraged but not required to purchase and maintain their own domain name and online
identity.
Modification of Agreement
20. Any amendment or modification of this Agreement or additional obligation assumed by either Party in
connection with this Agreement will only be binding if evidenced in writing signed by each Party or an
authorized representative of each Party.
Assignment
21. The Contractor will not voluntarily, or by operation of law, assign or otherwise transfer its obligations
under this Agreement without the prior written consent of the Client.
Entire Agreement
22. It is agreed that there is no representation, warranty, collateral agreement, or condition affecting this
Agreement except as expressly provided in this Agreement.
23. The Contractor expressly agrees that any third party agreements that materially affect the conduct of
their business or may be subject to scrutiny of any government agency, including but not limited to
MSA’s (Marketing Service Agreement) must be approved in writing by their designated broker.
Titles/Headings
24. Headings are inserted for the convenience of the Parties only and are not to be considered when
interpreting this Agreement.
Severability
25. In the event that any of the provisions of this Agreement are held to be invalid or unenforceable in
whole or in part, all other provisions will nevertheless continue to be valid and enforceable with the
invalid or unenforceable parts severed from the remainder of this Agreement.
Waiver
26. The waiver by either Party of a breach, default, delay or omission of any of the provisions of this
Agreement by the other Party will not be construed as a waiver of any subsequent breach of the same or
other provisions.
IN WITNESS WHEREOF the Parties have duly affixed their signatures under hand and seal on this Day
of June, 2022.
______________________________ ______________________________
WITNESS: _____________________ Name of Magnum’s Representative
______________________________ ______________________________
WITNESS: _____________________ Name of Associate Licensee
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