Independent Contractors Relationship Agreement

INDEPENDENT CONTRACTOR RELATIONSHIP AGREEMENT
AGREEMENT, this day ___________ of ____________________, 20____, by and between

______________________________________ residing at _____________________________________________
(hereinafter referred to as the "Sales Associate") and ___________________________________________ having a
principal place of business at ___________________________________________________________ (hereinafter
referred to as the "Broker").
WITNESSETH:
WHEREAS, Sales Associate and Broker are each respectively duly licensed pursuant to Article 12-A of the Real
Property Law of the State of New York, and WHEREAS, the parties hereto have freely and voluntarily entered into
this Agreement, without duress.
NOW, THEREFORE, in consideration of the mutual promises herein contained, it is hereby agreed as follows:
1. Sales Associate is engaged as an independent contractor associated with the Broker pursuant to Article 12-A of
the Real Property Law and shall be treated as such for all purposes, including but not limited to Federal and State
Income taxation, withholding tax regulations, Unemployment Insurance and Workers' Compensation coverages.
2. Sales Associate (a) shall be paid a commission on Sales Associate's gross sales, if any, without deduction for
taxes, which commission shall be directly related to sales or other output; (b) shall not be entitled to a draw against
commissions; (c) shall not receive any remuneration related to the number of hours worked; and (d) shall not be
treated as an employee with respect to such services for Federal and State Income tax purposes.
3. Sales Associate shall be permitted to work such hours as Sales Associate may elect to work.
4. Sales Associate shall be permitted to work out of Sales Associate's residence or the offices of Broker or any other
location in the sole discretion of Sales Associate.
5. Sales Associate shall be free to engage in outside employment.
6. Broker may provide office facilities and supplies for the use of Sales Associate. All other expenses, including but
not limited to automobile, travel, and entertainment expenses shall be borne by Sales Associate.
7. Broker may offer initial training and hold periodic sales meetings. The attendance by Sales Associate at such
sessions shall be at the option of Sales Associate.
8. Broker may offer a group insurance plan, and if Sales Associate wishes to participate therein all premiums shall be
paid by Sales Associate.
9. Broker may elect, but shall be under no obligation, to assign leads to Sales Associate on a rotating basis. Sales
Associate shall be responsible for procuring Sales Associate's own leads.
10. Broker and Sales Associate shall comply with the requirements of Article 12-A of the Real Property Law and the
regulations pertaining thereto. Such compliance shall not affect Sales Associate's status as an independent
contractor nor shall such compliance be construed as an indication that Sales Associate is an employee of Broker for
any purpose whatsoever.
11. This contract and the association created thereby may be terminated by either party hereto at any time upon
notice given by one party to the other.
12. For purposes of this Agreement the term "Broker" shall include individual real estate brokers, real estate
brokerage companies, real estate brokerage corporations and any other entity acting as a principal broker and the
term "Sales Associate" shall include real estate sales associates and real estate brokers, who, as real estate
licensees, associate with and place their real estate license with a principal broker.
13. Sales Associate hereby agrees to and hereby assigns to Broker irrevocably and without the necessity of any
additional consideration, all of Sales Associate’s right, title and interest in any copyright rights or other intellectual
property rights in any property listing posted by Sales Associate in the MLS system or otherwise provided to the MLS.
Such right, title and interest shall be deemed assigned as of the moment of creation without any further action on the
part of either party. During and after the term of this independent contractor agreement, Sales Associate shall confirm
such assignment by executing and delivering such assignments or other instruments and take any action necessary
to enable Broker to secure, protect, enforce and defend its copyrights in such data and/or content.
14. This Agreement shall be governed and construed in accordance with the laws of the State of New York.
15. No waiver of any of the provisions of this agreement or any of the rights or remedies of the parties hereto shall be
valid unless such waiver is in writing, signed by the party to be charged therewith.
16. Whenever in this Agreement any notices are required to be given, such notices shall be in writing and shall be
sent by registered mail or certified mail, return receipt requested, to the party entitled to receive the same.
17. This Agreement and all of its terms, covenants and provisions insofar as applicable, shall be binding upon and
inure to the benefit of the parties hereto, their respective heirs, executors, administrators, successors and assigns.
IN WITNESS WHEREOF, the individual parties hereto have hereunto set their hands and seals, and any corporate
party has caused this instrument to be signed by a corporate officer and caused its corporate seal to be hereunto
affixed, all as of the day and year first above written.
________________________________
Sales Associate
(SEAL) ________________________
Broker
*Optional clause for inclusion in Independent Contractor Agreement
"The parties acknowledge that Broker has elected to maintain membership as a REALTOR with an affiliated Board of
the New York State and National Association of REALTORS. Associate agrees to maintain individual membership
status in the Board of Realtors and Associate agrees to adhere to the REALTOR Code of Ethics."
ACKNOWLEDGMENTS
STATE OF NEW YORK )
COUNTY OF ) ss:
On the ________day of __________________in the year 20______, before me the undersigned, a Notary
Public in and for said State, personally appeared . , personally known to me or proved to me on the basis of
satisfactory evidence to be the individual whose name is subscribed to the within instrument and
acknowledged to me that he executed the same in his capacity, and that by his signature on the instrument,
the individual, or the person upon behalf of which the individual acted, executed the instrument.
__________________________
Notary Public
STATE OF NEW YORK )
COUNTY OF )
On the _______day of ____________________in the year 20____ , before me the undersigned, a Notary Public
in and for said State, personally appeared , personally known to me or proved to me on the basis of
satisfactory evidence to be the individual whose name is subscribed to the within instrument and
acknowledged to me that he executed the same in his capacity, and that by his signature on the instrument,
the individual, or the person upon behalf of which the individual acted, executed the instrument.
__________________________
Notary Public

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INDEPENDENT CONTRACTOR RELATIONSHIP AGREEMENT

AGREEMENT, this day _ of ______, 20, by and between

5. Sales Associate shall be free to engage in outside employment.

STATE OF NEW YORK )

STATE OF NEW YORK )

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