An Agreement for REAL ESTATE ASSISTANT Services
BETWEEN: 406 Properties LLC, hereinafter referred to as the Company
represented by Ryan Garrison, as agent
- and -
{firstName} {lastName} , hereinafter referred to as the Contractor
The Company and the Contractor agree as follows:
SERVICES TO BE PROVIDED
1) Both Parties agree that the Contractor shall, commencing on {todaysDate}, provide the services of a REAL ESTATE ASSISTANT, as delineated and described by the Company, on the terms and conditions set out in this Agreement and in a professional manner satisfactory to the Company. These services are described, but not limited to those set out in Schedule "A" (called the "Services").
2) The Contractor shall comply with all reasonable directions and requests of the Company.
INDEPENDENT CONTRACTOR
3) The Contractor will be an independent Contractor and not the employee or agent of the Company.
4) The Contractor will not, in any manner whatsoever commit or purport to commit the Company to the payment of any money to any person, firm or corporation.
5) The Company, may, from time to time, give such instructions to the Contractor as it considers necessary in connection with the provision of the Services but the Contractor will not be subject to the control of the Company with respect to the manner in which such instructions are carried out.
REPORTS
6) The Contractor will permit the Company at all reasonable times to inspect, examine, review and copy any and all findings, data, specifications, drawings, working papers, reports, documents, and material, both in paper and electronic form, whether complete or otherwise (herein collectively called the "Material") that have been produced, received or acquired by or provided by the Company to the Contractor as a result of this Agreement.
OWNERSHIP AND CONFIDENTIALITY
7) The Material produced, received or acquired by, or provided by the Company to the Contractor as a result of this Agreement, and any equipment, machinery or other property provided by the Company to the Contractor as a result of this Agreement will:
a) be the exclusive property of the Company, and
b) forthwith be delivered by the Contractor to the Company on the Company giving written notice to the Contractor requesting delivery of the same, whether such notice is given before, upon or after the expiration or sooner termination of this Agreement.
8) The copyright in this Material will belong exclusively to the Company
9) While this Agreement is in effect, and at all times thereafter, the Contractor:
(a) shall treat as confidential all information, data, reports, documents and materials acquired or to which access has been given in the course of the performance of this Agreement;
(b) shall comply with any rules or directions made or given by the Company with respect to safeguarding the confidentiality of such information, data, documents or materials.
(c) will keep strictly confidential any and all personal information of the officers or representatives of the Company.
(d) shall not use, publish or disclose any reports, information, data, research, documents, photographs or materials discovered or produced by the Contractor in the performance of this Agreement without first obtaining written permission from the Company
10) All reports, information, data, research, documents, photographs and materials discovered or produced by the Contractor, or any employees or agents of the Contractor, in the performance of this Agreement, and all copyright therein, shall be the exclusive property of the Company, and shall be delivered without cost to the Company upon request.
ASSIGNMENT AND SUB-CONTRACTING
11) The Contractor will not without the prior written consent of the Company:
(a) Assign, either directly or indirectly, the Agreement or any right of the Contractor under this Agreement, or sub-contract any obligation of the Contractor under this Agreement
CONFLICT OF INTEREST
12) The Contractor will not, during the Term, perform a service for or provide advice to any person, firm or corporation where the performance for the service or the provision of the advice may or does, in the reasonable opinion of the Company give rise to a conflict of interest between the obligations of the Contractor to the Company under this Agreement and the obligations of the Contractor to such other person, firm or corporation.
INDEMNIFICATION BY THE CONTRACTOR
13) The Contractor shall use due care in the performance of this Agreement’s obligations to ensure that no person is injured, no property is damaged or lost and no rights are infringed.
14) The Contractor shall be solely responsible for:
(a) any injury to persons (including death), damage or loss to property or infringement of rights caused by, or related to, the performance of this Agreement or the breach of any term or condition of this Agreement by the Contractor, or the employees or agents of the Contractor, and
(b) any omission or wrongful or negligent act of the Contractor, or of the employees or agents of the Contractor.
(c) The Contractor will be held financially responsible for any damage and/or loss resulting to the property of the Company or its members caused by gross negligence or incompetence.
(d) The Contractor shall save harmless and indemnify the Company, its employees and agents from and against all claims, liabilities and demands with respect to clauses (a) and (b) and (c).
TERMINATION
15) Either party may terminate this Agreement at any time by giving 10 days notice in writing to the other party.
16) In addition to its rights under subsection (1), and without restricting any other remedies available, the Company may, at its sole option, immediately terminate this Agreement in writing if
(a) in the opinion of the Company, the Services provided by the Contractor are unsatisfactory, inadequate, or are improperly performed; or
(b) in the opinion of the Company, the Contractor has failed to comply with any term or condition of this Agreement.
17) Upon termination of this Agreement, the Contractor shall cease to perform any further work, and shall deliver to the Company any finished work which has not been delivered and accepted prior to termination, together with any materials and work in progress relating to this Agreement. The Company shall be under no obligation to the Contractor other than to pay, upon receipt of an invoice and satisfactory supporting documentation, such compensation as, in the opinion of the Company, the Contractor may be entitled to receive under this Agreement for work completed to the satisfaction of
the Company up to the date of termination.
18) Upon termination of this Agreement, the Contractor shall not work as a direct competitor, or for a direct competitor, in the real estate industry for a period of two (2) years without written consent of Company.
GENERAL PROVISIONS
19) This Agreement shall be binding upon the executors, administrators, heirs, successors and any permitted assigns of the Contractor.
20) Time shall be of the essence of this Agreement.
21) This document and the attached Schedule “A” contain the entire Agreement between the parties. There are no undertakings, representations, or promises, expressed or implied, other than those contained in this Agreement.
22) No amendment or change to, or modification of, this Agreement shall be valid unless it is in writing and signed by both parties.
23) This Agreement will be governed by, and construed in accordance with the laws of Washington.
SERVICES
The Services to be provided by the Contractor shall generally include but not be limited to:
1. Handle all incoming calls. Take messages.
2. Assemble and mail all marketing letters.
3. Shop for vendors and supplies. Report back.
4. Help distribute marketing materials.
5. Handle incoming calls from Seller Prospects. Take info. Pre-screen.
6. Pull tax info and comps for pre-screened prospects.
7. Clean up signed paperwork from deals.
8. Fax/email sales contracts to Title Company (or attorney) to get title reports.
9. Check over title reports when they are faxed back.
10. Put together short sale packages. Get them reviewed.
11. Send out short sale packages.
12. Pass repair lists on to Sellers. Get date for completion, or get discount.
13. Order carpet, paint, and/or any other work to be done before re-sale.
14. Follow up with contractors on work. Make payments with approval.
15. When work is done pick up staging kits. Stage houses.
16. Handle incoming calls from Buyer Prospects. Take info. Pre-screen.
17. Move staging kits out of sold properties to next house or storage.
18. Maintain accounting spreadsheet for business and individual properties.
19. Send and receive all monthly payments. Handle business accounts.
20. Provide ongoing customer service to all Sellers and Tenant-Buyers.
This Schedule has been executed by the Company and by the Contractor effective {todaysDate}.