INDEPENDENT CONTRACTOR AGREEMENT
THIS CONTRACTOR’S AGREEMENT (hereinafter, “this Agreement”), effective as of [DATE], is made and entered into by and between [NAME] of [ADDRESS] (hereinafter “the Contractor/TEAM MEMBER”), and [NAME] of address [ADDRESS] (hereinafter, “the Company’’).
Whereas, JK Realty, LLC, is an Arizona Limited Liability Company in Gilbert, Arizona that provides real estate services and is a team of licensed real estate salespersons and enjoys the goodwill and reputation for fair dealing with the public. The TEAM works in Rome Towers Suite 501, equipped with the latest technology, and is fully staffed for rendering high quality real estate services to the public;
Whereas, TEAM MEMBER is an individual who is a licensed real estate salesperson with JK REALTY and performs high quality real estate services and desires to provide the TEAM with such services and has the necessary equipment, training, expertise, professional certifications to do so. TEAM MEMBER agrees to abide by all policies and procedures as set forth therein, including any subsequent modifications. TEAM MEMBER acknowledges that the JK Realty, LLC’s Policy and Procedure Manual are available for review.
Whereas, the Parties wish to set forth in writing the terms and conditions of their agreement and understanding with respect to their relationship
Now therefore, in consideration of the mutual covenants and conditions herein contained, the parties hereto agree as follows:
- CONTRACTOR’S OBLIGATIONS
- The Company hereby appoints the Contractor (TEAM MEMBER) to render the agreed service. The Contractor shall commence performance of the Services on the date first signed below, and shall continue until completion of the Services unless this Agreement is sooner terminated by the terms as set forth herein.
- The service to be provided to the TEAM MEMBER includes the following;
- TEAM MEMBER will work exclusively with sellers and buyers generated by and/or approved by The TEAM.
- TEAM MEMBER will work diligently and employ best efforts to sell real estate on behalf of The TEAM and shall conduct business in a manner so as to maintain and increase the goodwill and reputation of The TEAM.
- All real estate contracts with which the TEAM MEMBER has worked will be reported to the MLS with Kala Laos as the primary broker, and TEAM MEMBER as the sales person.
- TEAM MEMBER must comply with all laws, and rules, and regulations governing real estate agents as enacted by the Southeast Valley Regional Association of Realtors (“SEVRAR”) and National Associations of REALTORS (“NAR”).
- TEAM MEMBER must maintain current licensing, education, dues, and fees as a REALTOR in the AAR and NAR consistent with industry standards.
- COMPANY’S OBLIGATIONS
- In consideration for the services to be performed by the TEAM MEMBER, the Client agrees to pay the Contractor under the terms of this Agreement.
- PAYMENT TERMS
The TEAM MEMBER shall be compensated in accordance to the COMMISSION SCHEDULE attached hereto.
Except as otherwise agreed by the Parties, TEAM MEMBER shall be responsible for paying all of their own “out of pocket” expenses and shall not be entitled to reimbursement from The TEAM.
- TERMINATION
4.1 Either Party to this Agreement may terminate this Agreement upon a written notice of termination to the other Party. Unless otherwise mutually agreed to in writing, upon the termination of this Agreement, any arrangement for Services then in effect will immediately terminate.
- RELATIONSHIP OF THE PARTIES
Nothing contained in this Contract will be construed to create an employer and employee relationship between the Contractor and the Company. The Company and the contractor agree that the Contractor is, and at all times during this Contract shall remain, an independent contractor.
- INDEMNIFICATION
TEAM MEMBER agrees to indemnify, hold harmless and defend The TEAM, including its owners, members, and officers from and against all liabilities, obligations, claims, damages, penalties, causes of action, costs and expenses (including reasonable attorney fees) arising out of, or relating to: (i) any breach of this Agreement by TEAM MEMBER or TEAM MEMBER’S designated representative or agent; (ii) any claim for breach of warranty based upon any warranty given or purportedly given by TEAM MEMBER or TEAM MEMBER’S designated representative or agent, which was not authorized by The TEAM; and (iii) any third party claim related to real estate services carried out by TEAM MEMBER or TEAM MEMBER’S designated representative or agent. As a condition to such defense and indemnification, The TEAM will provide Contractor with prompt written notice of the claim and permit TEAM MEMBER to control the defense, settlement, adjustment or compromise of any such claim. The TEAM may employ counsel at its own expense to assist it with respect to any such claim; provided; however, that if such counsel is necessary because of a conflict of interest or because TEAM MEMBER does not assume control, TEAM MEMBER will bear the expense of such counsel.
- Term and Termination
- The Agreement shall have a one (1) year term from the Effective Date (the “Initial Term”) and shall automatically renew for successive one (1) year terms (“Renewal Terms” and collectively with the Initial Term, the “Term”), unless either party provides the other written notice of its intent not to renew this Agreement within sixty (60) days prior to the end of the then-current term.
- This Agreement may be terminated by either party upon 30 (thirty) days’ written notice to the other party or at such time the TEAM MEMBER transfers from The TEAM or removes license from BROKERAGE, but the rights of the parties to any fees which accrued prior to termination shall not be divested by the termination of this agreement. Should this Agreement terminate for any reason, any commission split later due TEAM MEMBER on fees collected after the termination date for transactions generated prior to termination shall be paid at the commission split that was submitted to BROKERAGE, provided that BROKERAGE actually receives the sales fees.
- Upon termination, all obligations and responsibilities of the parties hereto shall end; provided, however, that all obligations by their terms or nature extending beyond this period shall survive the termination of this Agreement. Notwithstanding the foregoing, upon termination: (i) The TEAM shall only be obligated to pay commissions that became due to TEAM MEMBER prior to the date of termination; (ii) within seven (7) days of the date of termination, TEAM MEMBER shall return to The TEAM all software, equipment, and Confidential Information of The TEAM in its possession; and (iii) the provisions of Paragraphs 4 and 5 shall survive the termination of this Agreement.
- In the event TEAM MEMBER leaves The TEAM, for any reason, The TEAM shall retain the right to use any materials using the name, photograph, or video of TEAM MEMBER.
- All contacts, sphere, and client information are the property and will remain the property of JK REALTY, LLC. The TEAM MEMBER’S personal sphere (not to overlap the sphere of the Team, new clients, the Team’s neighborhood farms) will remain with TEAM MEMBER after terminating this Agreement, but for each closing resulting from that sphere in the six months after terminating this Agreement, the TEAM MEMBER will owe the Team a 25% referral for each transaction.
- DISPUTES
Except as otherwise specifically agreed in writing by the Contractor and the Company, any dispute relating to any rights and/ or obligations arising from this Agreement which is not resolved by the parties shall be adjudicated by any court of competent jurisdiction.
- ENTIRETY
- This contract represents the entire agreement between the two parties and supersedes any previous written or oral agreement. This agreement may be modified at any time, provided there is written consent of both the Client and the Contractor.
- This agreement contains other schedules attached hereto that forms part of this agreement.
- SEVERABILITY
The parties agree that if any portion of this contract is found to be void or unenforceable, it shall be struck from the record and the remaining provisions will retain their full force and effect.
- JURISDICTION
This contract shall be governed, interpreted, and construed in accordance with the laws of ARIZONA
In Witness Whereof, this Agreement is duly executed by the duly authorized representatives of the parties as set forth below:
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Contractor’s Signature Date
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Company’s Signature Date