INDEPENDENT CONTRACTOR AGREEMENT


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INDEPENDENT CONTRACTOR AGREEMENT

This agreement is entered into by and between:

Licensee Name:  

FL Real Estate LIcense #:  

("Associate"), who is licensed as a Real Estate Sales Associate or Broker-Associate in the estate of Florida, and:

Your Home Plus Referral Brokerage, LLC ("Broker"), a licensed real estate brokerage in the State of Florida and performs as a referral only real estate brokerage within Chapter 475, Florida Statutes, enjoys goodwill and a reputation for dealing with the public as a referral only real estate brokerage.

Effective May 23, 2024 (“Effective Date”), Broker and Associate agree to engage pursuant to the following terms and conditions:

1. ENGAGEMENT AND EMPLOYMENT STATUS:

  1. Broker retains Associate as an independent contractor to refer individuals interested in real estate services to other licensed real estate agents who are actively serving clients with real estate services. 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. With respect to the clients, customers, friends or any person for whom referral 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 a servant, employee, joint ventures, or partner of Broker for any purpose.
  3. Associate joins Broker via Broker’s website at YourHomePlusReferralBrokerage.com by selecting and subscribing to one of the brokerage Commissions Plans options. By signing up via the Broker’s website and/or signing this agreement, Associate agrees to the applicable reoccurring nonrefundable membership fee, the commission split and the transaction fee corresponding to the Associate’s selected plan as described in section number 5 of this agreement.
  4. Broker makes no representations or warranties in regards the potential income that may result from this association, Associate’s performance, actions, or inactions. Associate will not be provided any form of salary, vacation pay, sick leave, or any other fringe benefit.
  5. Associate agrees Broker may use Associate's name, picture, recorded voice, or description in its training materials, advertising, or other publications. Associate agrees to abide by brand and company standards and share content produced by third parties only with the appropriate rights established by contract or license.
  6. Broker will not be liable to Associate for any expenses 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. Lawsuits, whether for fees or otherwise, against clients, customers, and others in the real estate business will be maintained only in Broker's name.

2. ASSOCIATE RESPONSABILITIES:

  1. Associate understand that his/her only permitted activity under this agreement in association with Broker is to refer individuals to other licensed real estate agents who are active assisting clients with real estate related services to be able to receive a commission for the referral.
  2. Associate agrees not to take a role as a real estate agent for others in any real estate transaction.
  3. Associate understands that Broker is not a member of the National Association of Realtors and not a member of any state or local Association of Realtors, and there for Associate cannot be a member of those organizations while in association with Broker.
  4. Associate must create the referral transaction in the Broker platform and upload all related documents related to the referral at least 14 days prior to the closing of each referral.
  5. For each referred prospective/client, Associate is responsible for obtaining and uploading the following documents with all applicable signatures to the platform provided by Broker: a) Referral agreement between the agents signed by both agents and the respective brokers, b) The Commission Disbursement Authorization from the agent/broker receiving the referral showing the commission payable/paid to Broker and c) The final closing statement (ALTA) of the transaction showing the commission payable/paid to Broker.
  6. Associate is responsible for following up with the appropriate parties for the collection of the commission and Broker will not be required to prosecute or sue any party in order to collect any fee/commission for referrals performed by Associate.
  7. 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.
  8. Fair Housing: Broker and Broker’s Company strictly adhere to and support Fair Housing Principles and Laws. Associate has been advised that failure to comply with Fair Housing principles and laws will result in appropriate disciplinary action and possible termination of this Agreement. Associate warrants and represents 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 agrees to it voluntarily.
  9. 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 to pay for all license fees, supplies, education costs, services, and/or any fines incurred by Associate.
  10. Broker Supervision: Associate will be deemed to be working under Broker's supervision only to the extent required by Chapter 475, Florida Statutes and this agreement. Associate will perform all activities, including those activities Broker requires Associate to perform independently, without Broker 's supervision or control.
  11. Indemnification: Associate will indemnify and hold 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, this Agreement, or company manual. This indemnification obligation shall specifically survive the termination of this agreement. Associate hereby waives the right to enter as a participant in any class-action lawsuit against Broker. Associate is responsible to immediately notify Broker if Associate is served with, or becomes aware, of a lawsuit or claim. Broker is not liable for Associate's personal email usage.

3. BROKER RESPONSIBILITIES:

  1. Broker provides access to an online platform that Associate may use to report and keep track of referrals and commission. Any resources, platforms and/or systems provided by Broker may change with or without notice at Broker’s sole discretion.
  2. Office Access: Broker does not maintain a physical office for the access of
  3. After deducting all applicable commission splits, applicable fees and any balance due to Broker, Broker is responsible for disbursing the remining balance of the commission generated from the Associate’s referrals if all required documents have been received and approved by Broker if all required documents related to the referrals have been submitted to Broker as described in this agreement.
  4. If applicable, Broker will issue Associate the appropriate IRS 1099 form no later than January 31st each year for the commission paid to Associate during the previous year.

4. LICENSING EDUCATION THROUGH YOUR HOME PLUS ACADEMY

Broker has an Affiliated Business Arrangement with Your Home Plus Academy (YHPA) to provide Associate either a special pricing or complimentary access to their real estate education depending on the plan they choose with the following conditions:

  1. Either the FL Post-Licensing Online Course or Continuing Education Online Course that applies to Associate renewal period is included to Associate if enrolled in our Standard+ or Elite+ plan.
  2. The Broker Path Education Pack is included to Associate if enrolled in our Elite+ Membership Plan. The Broker Path Education Pack includes the FL Broker Pre-licensing Course, the Broker Exam Practice Questions Bank, and the Broker Post-Licensing Course.
  3. All education provided through Your Home Plus Academy is limited to ONE enrollment during each 12-month period of the Associate’s membership with Broker. If needed, Associate may purchase additional enrollments with a special discount through YHPA.
  4. Associate must be in good standing and current with the billing of the appropriate brokerage membership plan and must not owe any balances to Broker to be able to access the education provided through YHPA.
  5. Associate is free to choose to complete his/her licensing education from any licensed real estate education provider and is not obligated to enroll in the licensing education provided by YHPA.
  6. Broker will not credit, reimburse, discount, or provide any form of compensation and/or consideration to Associate if Associate chooses to complete their licensing education from a different education provider or chooses not to enroll and/or complete his/her education through YHPA.
  7. Associate may not transfer, gift, and/or provide their course access to others.
  8. If Associate switches or downgrades his membership plan or if this agreement is terminated by either party for any reason, Broker, at his sole discretion, may revoke access to any active enrollment in education provided via YHPA.

 

4. BROKERAGE MEMBERSHIP PLANS AND FEES

  1. Associate selects one of the commissions plans below and agree to the recruiting fee, the commission plan split and the transaction fee corresponding to each plan as outlined below:

BASIC:

  • Recurring fee: $99 Annually.
  • Commission Split: 30% to Broker, 70% to Associate.
  • Disbursement Processing Fee: $299
  • Includes a special discount for courses at Your Home Plus Academy

STANDAR+:

  • Recurring fee: $299 Annually.
  • Commission Split: 100% to Associate.
  • Disbursement Processing Fee: $299
  • Includes the FL Post-Licensing and/or CE Education course at Your Home Plus Academy.

ELITE+:

  • Recurring fee: $499 Annually.
  • Commission Split: 100% to Associate.
  • Disbursement Processing Fee: n/a
  • Includes the FL Post-Licensing and/or CE Education course at Your Home Plus Academy.
  • Includes the Broker Path Education Pack.
  1. For the life of this agreement, the recurring fee is automatically debited from the credit or debit card Associate provided during sign up at YourHomePlusReferralBrokerage.com and is not refundable and not returnable regardless of Associate’s performance, actions or inactions.
  2. Associate agrees and is responsible for keeping the payment method active and up to date at yourHomePlusReferralBrokerage.com.
  3. Associate may switch between the available brokerage membership plans and billing options at any time by logging into his/her account at JoinYourHomePlus.com. When switching between plans, the newly elected plan will become active on the following business day for the porpoise of applying the corresponding disbursement fee and commission split for referral transactions that become active while switching plans.
  4. When switching between plans, any pending transaction will be subject to the applicable commission split and transaction fee of the plan that was effective on the effective date of the contract of the pending transaction.

5. E&O LIABILITY INSURANCE AND INDEMNIFICATION

  1. Broker DOES NOT maintain an Errors and Omissions Insurance with coverage for the Associate’s activities as Associate under this agreement to refer potential real clients to active licensed real estate agents to handle the transaction and assist the referred clients in all aspects of the resulting real estate transaction.
  2. If and to the extent Associate fails to protect Broker against risks customarily covered by E&O insurance, Associate agrees to indemnify and hold Broker harmless from and against all Liability that Broker incurs or suffers on account of Associate’s intentional disregard or breach of any law, regulation or standard of conduct that applies to Associate’s actions or activities as a licensed real estate sales associate working only as a referral Associate.
  3. For risks not customarily covered by E&O insurance and for Liability arising from Agent’s negligent (unintentional) disregard or breach of any law, regulation or standard of conduct that applies to Associate’s actions or activities as a licensed real estate sales associate, Associate agrees to indemnify and hold Broker

6. COMPENSATION/COMMISSION DISBURSEMENT TO ASSOCIATE:

  1. All income earned from Associate’s real estate referrals while in association with Broker will be accounted for and disbursed through Broker in accordance with this agreement and all applicable laws and regulations. Associate understand that all referral fees and/or commission resulting from his/her referrals must be paid to Broker by the closing agent or the active agent’s brokerage.
  2. From each commission paid to Broker as a result of a referral made by Associate, Broker will deduct the applicable commission split and fees corresponding to the active plan selected by Associate and disburse the rest of the commission to Associate in the form of a check or ACH transfer.
  3. If Broker is paid via wire transfer, disbursement to Associate will be processed within 2 business days. If Broker is paid via check, disbursement to Associate will be processed after 10 business days of the check being deposited in the Broker’s bank account.
  4. Associate agrees that Broker may also deduct any unpaid and/or uncollected balances due to Broker at the time of disbursing any commission to Associate from the Associate’s
  5. Associate may negotiate his/her referral fee with the active agent he/she refers clients to using his/her own discretion.
  6. Compensation after Termination of Agreement: After termination of this Agreement by written notification from either party, Broker shall pay Associate any amount earned before termination less amounts owed to Broker in accordance with the terms of this agreements.
  7. Commission Overpayment: On occasion the Broker may overpay an Associate on a commission disbursement. Upon discovering the overpayment, the Broker will provide a detailed statement. The overpayment will be due and payable to the Broker upon receipt of the statement.

7. CONFIDENTIALITY:

  1. Associate acknowledges Broker may disclose confidential information to Associate during 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, recruiting/training materials, computer data, computer programs and supporting documentation, and Broker's company 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.

8. DISPUTE RESOLUTION:

  1. 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 entitled to recover reasonable attorneys' fees and costs at all levels. Arbitration: Any dispute not resolved by mediation will be settled by neutral binding arbitration in accordance with the rules of the American Arbitration Association or other arbitrator agreed upon by the parties. Each party to any arbitration or litigation (including appeals and interpleaders) will pay its own fees, costs, and expenses, including attorneys' fees at all levels, and will equally split the arbitrators' fees and administrative fees of arbitration.

9. TERM AND TERMINATION

  1. This agreement will be in effect from the Effective Date on Page 1 of this agreement and will continue in effect until either the Broker or Associate terminates this agreement.
  2. This agreement may be replaced by a newly updated and revised agreement signed by Broker and Associate. If conflicts arise between agreements, the most recently revised Independent Contractor Agreement signed by both parties will be considered the effective agreement and all previously signed Independent Contractor Agreements signed by Broker and Associate will be considered as invalid.
  3. Either the Broker or Associate may terminate this agreement by giving 7 days advance written notice to the other party.
  4. Associate may also terminate this Agreement by logging to his/her account at YourHomePlusReferralBrokerage.com and cancelling his/her membership.
  5. Broker, at his sole discretion, may terminate this agreement without notice if Associate is found in wrong conduct, violation of this agreement and/or in violation of any applicable real estate law.
  6. Failure by either party to maintain active license status pursuant to Chapter 475, Florida Statutes, will be deemed automatic termination.
  7. Associate will not, after termination of this Agreement, use to her/ his own advantage, or to the advantage of any other person or entity, any information gained from the business, or files of the Broker relating to property for sale, lease, or rental, or Broker's customers or clients. Associate acknowledges that Broker's method of conducting business is a protected trade secret. Upon termination of this Agreement. Associate will return all of Broker's property to Broker with no copies made or retained by Associate.

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Signed by Eliezer Rivera
Signed On: December 28, 2023


Signature Certificate
Document name: INDEPENDENT CONTRACTOR AGREEMENT
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June 27, 2022 2:05 pm -06INDEPENDENT CONTRACTOR AGREEMENT Uploaded by Eliezer Rivera - [email protected] IP 71.228.66.193
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