INDEPENDENT CONTRACTOR AGREEMENT
INDEPENDENT CONTRACTOR AGREEMENT BETWEEN BROKER AND ASSOCIATE
Star Bay Realty Corp and its affiliated company Star Bay Realty Group Inc (Limited Function Referral Office) are licensed as a real estate broker in the state of Florida and performs acts designated within 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.
Contractor 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 Broker, otherwise Associate will not be deemed as servant, employee, joint venture or partner of Broker for any purpose. Associate is not an employee for federal tax purposes, federal unemployment tax purposes, social security tax purposes. Fair Labor Standards Act purposes, state unemployment compensation purposes, workers compensation purposes and all other purposes with respect to the services performed for broker under this agreement. Associate represents that he/she possesses a federal employer identification number or a social security number, and agrees that he/she will submit proof of the foregoing upon request. Associate is responsible for paying his/her own estimated income tax payment, 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, and will report such income as is reportable pursuant to the IRS 1099 form, as may be required. Not in limitation of the above, broker and Associate agree that Broker shall not be responsible for any of the following duties or obligations to Associate: Workers compensation or any similar statutory scheme for injured employees, Payment of minimum wage, salary or overtime time pay pursuant to the Fair Labor Standard Act Unemployment Compensation or any similar statutory requirement; Medical plans or Benefits; Retirement plans, individual retirement accounts or any similar provisions, including any contributions thereto; Sick pay or leave, or any similar benefits; Family or personal leave or any similar benefits ; Any other statutory or common laws obligations as may be imposed up on employer, with respect to an employee. Associate is responsible for all of their own business expenses including but not limited to licensing fees, Realtor association dues, etc.
Associate specifically agrees to the above provisions, and acknowledges that Broker relies upon said representations by Associate. Associate assumes all risks relative to acting as an independent contractor releasing all such rights as may be conferred upon the employee, whether specifically waived in this Agreement or not .
Associate Responsibilities
Associate will use his/her best efforts to procure real estate-related business for Broker and will conduct his/her business in a reputable manner and in conformance with all laws, rules, regulations and codes of ethics that are binding upon or applicable to real estate licensees.
Compliance. 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.
Fair Housing. Broker and Broker’s company support 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 Associates intent to 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 understand this acknowledgment, warranty and representations and agrees to it voluntarily.
Office policy manual. Broker maintains an office policy manual. Associate shall read the office policy manual and agrees to comply with the manual and such modifications, addenda and changes as may be incorporated therein from time to time. Associate shall have access to the policy and procedure manual online through the associate’s login at starbayrealty.com
Failure to comply with any policy may result in immediate termination of this agreement
License Renewal; Continuing Education; Dues. Associate will be responsible for timely renewing Associates 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 State of Florida Real Estate Commission. Associate will be responsible for paying all license fees, membership dues and fines
Broker Supervision. Associate will be deemed to be working under brokers supervision only to the extent required by Chapter 475, Florida Statutes. Associate will perform all activities, including those activities broker requires associate to perform independently without Brokers supervision or control. Associate does not receive instructions from the broker as to which customers the Associate should service or which property the Associate should market and sell.; and, the Associate is not required to file reports with broker concerning the Associates business conduct or status of sale. Associate is responsible for ensuring that for each transaction all documents necessary to comply with the law are executed and properly maintained in accordance with brokers administrative procedures. Any statutory or legal duty of supervision and control by broker shall not be deemed to affect Associates status as an independent contractor
Schedule. Associate shall have control over the time when the services are performed and Associate is not required to maintain any specific work schedule. Associate is able to schedule vacation as the associate desires.
Broker Property. Associate acknowledges that all agency agreements taken during the terms of this agreement are brokers property. All programs. Forms, date keys, manuals, signs and other paraphernalia relative to the business of broker are Brokers property, as are all documents and other items pertaining to transactions.
Property of Others. In accordance with State of Florida Law., Associate will deliver to broker as soon as possible and no later than 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
Responsibility. Broker will not be liable to associate for any expenses incurred by associate nor for any of Associate 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 Brokers names. 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 for public liability and property damage insurance in the minimum coverage amount of what is required by the state of Florida, and other expenses incidental to performing Associates duties without receiving any reimbursement from Broker. Broker will be named as an additional insured in all such polices. Associate is responsible for all entertainment expenses or other expenses incidental to associates responsibilities without receiving any reimbursement
Indemnification. Associate will indemnify and hold Broker, its officers, Directors and employees harmless from all claims, demands, suit costs and expenses, including attorneys fee at all levels of whatever nature and description to the extent based on Associates representations, acts, omissions, negligence, willful misconduct, or violation of laws, rules, regulations, codes of ethics, this agreement and office policy manual.
Compensation
Associate will receive 100% of the earned commission minus $29.99 fee per commission per side and/or any past due invoices or expenses. In order to receive 100% of an earned commission, associate agrees to pay by credit card or ACH debit $29.99 per month, every month beginning the day the associate joined. The recurring payments will be debited on the same day the following months until the broker or associate terminates this agreement. Payments will be made promptly to associate only after the Broker has received a complete rental/sale file. If the Associate is not current on their monthly dues the past due amount will be subtracted from the earned commission. All monthly fees are due the same day of the month the associate joined and are considered past due 5 days after such date if payment has not been received by Broker. It is the associate’s sole responsibility to ensure all payments are made on a timely manner and immediately report to the broker if a problem exists with the associate’s monthly payment method. There is no late fee or charge for the associate’s first late payment, however if it becomes habitual or occurs more than once broker will charge an additional $29 for late fees and charges for each late payment to cover administrative expenses.
Dividing Compensation with Other Licensees: If two or more associates participate in rendering a brokerage service to the public, or claim to have done so, Broker will determine, in Broker's sole and absolute discretion, the amount of the fee due Associate.
Benefits: Associate will be provided no minimum salary, vacation pay, sick leave, or any other fringe benefit.
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 in the same proportion as provided for herein in the division of the fee.
Compensation after Termination of Agreement. After termination of this Agreement, Broker will pay Associate any amount earned prior to termination less amounts owed to Broker and amounts Broker must pay another licensee to complete pending transactions for which Associate was responsible prior to termination.
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 deductible is $2500.00 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.
Terms of Termination. Associate can cancel this agreement at any time by providing 30 days written notice. A manager of the company must acknowledge receipt of such cancelation and your automatic billing will be canceled after your next payment has been deducted. Broker may terminate this Agreement without notice at its sole discretion or 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 his/her own advantage, or to the advantage of any other 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 Brokers’ property to Broker with no copies made or retained by Associate.
BROKER PRICE OPINIONS (BPOs): Associate agrees they are conducting BPOs at their own risk and it is not encouraged to do so unless the Associate has been certified or trained by a state recognized institution for conducting Broker Price Opinions. Associate will indemnify and hold Star Bay Realty Corp., broker, its officers, directors and employees harmless from all claims, demands, suits, costs and expenses, including reasonable attorneys’ 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, any and all claims from Associate conducting Broker Price Opinions (BPOs). All costs and obligations incurred by associate conducting his/her independent business and/or the practice of Broker Price Opinions shall be paid solely by the associate, who will hold Broker harmless from any and all costs and obligations.
Confidentiality: 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 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.
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.
Litigation: In any litigation between Broker and Associate, the prevailing party will be entitled to recover reasonable attorneys’ fees and costs at all levels.
Modifications: Broker hereby retains the right, in its sole discretion, to adjust rules, requirements, dues & other fees or charges associated with this agreement with 30-days written or electronic notice
ESCROW: Star Bay Realty Corp and Star Bay Realty Group Inc. does not hold Earnest Money.
Effective upon your acceptance of this agreement, you as the “Sales Associate” become an independent contractor for Star Bay Realty Corp. If you elect not to have a Realtor Board or Realtor Association Affiliation you will automatically be an associate of Star Bay Realty Group Inc.
By accepting and signing this agreement electronically, I (Associate) hereby authorize Star Bay Realty Corp or Star Bay Realty Group Inc to charge the listed in your registration according to the terms outlined in this agreement. If the payment due falls on a weekend or a holiday, I understand that the payments may be executed on the following business day. I understand that this authorization will remain in effect until I provide a 30-day written cancelation request with acknowledged receipt from Star Bay Realty Corp. I understand my membership will be canceled after my last payment is due. I certify that I am an authorized user of this credit card and that I will not dispute the scheduled payments with my credit card company provided the transactions correspond to the terms indicated in this authorization form and independent contractor agreement document herein.
