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This AGREEMENT is made this ______ day of _____________, 2016, by and between Nexus Realty International, (“Broker” or “Nexus”), and _________________________ (“Associate”).
The Parties hereby agree as follows:
GENERAL. Each party shall at all times hold a real estate license as required by the real estate licensing authority of the state in which Broker’s office is located. In the event that either party’s license expires, or is suspended or revoked by the state licensing authority, the party shall immediately so notify the other party in writing. Broker maintains a real estate office, equipped, furnished and staffed to serve the public and the parties. Both parties agree to exert best efforts to promote the reputation and business of Broker and Associate.
STATUS OF THE PARTIES. The parties agree that Associate is an independent contractor, is not an employee of Broker and specifically will not be treated as an employee for Federal tax purposes. Broker shall have no responsibility for withholding, reporting or paying Associate's federal, state or local taxes, (including but not limited to Federal income tax, Social Security and unemployment taxes or insurance), which shall be Associate's sole responsibility.
BROKER’S RESPONSIBILITY. Broker shall provide Associate with access to the company website, customer relationship management system, paperless system, and NWMLS access. Broker will also provide ongoing support, coaching and training for the Associate if necessary.
Associate, through personal contact as well as office meetings, shall have the benefit of Brokers guidance, suggestions and experience in matters of listings, sales, financing, current trends and general aspects of the real estate business.
Broker agrees to promote the image of the parties and office by establishing and maintaining rules regarding office use and days it will be open, advertising, listing and selling procedures, and related matters. Broker reserves the right to establish, and Associate agrees to comply with, office procedures for inquiries, leads, and similar sales opportunities. Broker may, at his/her discretion, modify any such policies and procedures at any time. Modifications will be communicated to Associate within a reasonable time frame.
Legal Compliance: Associate agrees to maintain current knowledge of all laws governing licensed real estate salespersons and brokers, and agrees to strict adherence at all times.
Property Inspector Referral Policy: Any broker referring any person to whom the broker provides real estate brokerage services in the state of Washington to an inspector with whom they have a Familial Relationship or Business Relationship, shall disclose in writing the existence and nature of the relationship between the broker and the inspector no later than the time the referral is made.
“Familial Relationship” includes a family relationship created at law (such as a relationship to a father-in-law, mother-in-law, brother-in-law, sister-in-law, aunt, uncle, cousin, and the like, which exists due to marriage, adoption, or some other legal process), as well as a family relationship by blood (a relationship to any degree to a parent, grandparent, sibling, child, grandchild, aunt, uncle, cousin, and the like).
“Business Relationship” refers to instances where a broker has an ongoing business relationship with or has done business with an inspector previously. A Business Relationship would include situations where a broker receives any type of compensation or economic benefit in connection with introductions or referrals to any home inspectors, circumstances where a broker stands to benefit monetary in any way from referral to a broker (which could include an ownership interest in an inspector’s business or being married to someone with an ownership interest in an inspection business), circumstances where an agent has utilized the inspector for inspection services provided by the inspector on the broker’s own home or for others, and similar relationships.
While not required, any broker referring any person to whom the broker provides real estate brokerage services in the state of Washington where there is no Familial Relationship or Business Relationships is nevertheless strongly encouraged to provide a written disclosure related to the referral substantially in the form attached to this policy.
The Washington State Department of Licensing (DOL) now requires that before referring any customer or client to any customer or client, a broker must confirm that they are licensed as a home inspector. DO NOT REFER AN INSPECTOR TO ANYONE IF YOU DO NOT KNOW WHETHER THE INSPECTOR IS LICENSED.
Associates With Less Than Two Years of Experience: Every Associate with less than two years of experience shall be subject to all of the responsibilities listed in WAC 308-124C-140, including:
being subject to a heightened degree of supervision for the initial two years of licensing;
participating in all required reviews;
submitting evidence of completion of DOL-required clock hours to Broker;
securing advice/assistance from Broker or appointed managing broker when offering services beyond Associate’s level of expertise;
submission within five (5) business days of contracts, documents and funds for Broker’s review; and
other responsibilities as required by law.
Suit or Complaint Notification: Associate shall, within seven (7) days after service or knowledge thereof, notify Broker of the following:
Any criminal complaint, information, indictment, or conviction (including a plea of guilty or nolo contendere) in which the Associate is named as a defendant.
Entry of a civil court order, verdict, or judgment, against the Associate in any court of competent jurisdiction in which the subject matter therein involves any real estate or business-related activity by the Associate. Notification is required regardless of any pending appeal.
Any professional license, certification, or permit held by the Associate which was fined, suspended, revoked, or refused by any governmental agency or entity or can limit the licensee’s ability to practice an occupation or profession.
Documents and Funds: Listings, sales and other agreements obtained by Associate shall be in the name of, and property of, Broker. All wholly or partially executed instruments, documents and deposits shall be immediately delivered to Broker’s possession in accordance with applicable laws.
Advertising/Marketing: Associate agrees to comply with all laws, local ordinances, rules and regulations [including Realtor® (if any) and MLS rules] regarding restrictions on advertising and signs, and to use only advertising, signs, brochures or other solicitation materials approved by Broker in advance of their use. (collectively, the “Marketing Collateral”). Broker’s authorization is required on all personal marketing materials and all other forms of advertising in any media whatsoever, including without limitation newspapers, magazines, telephone book listings (“white page” business listings and yellow page listings or advertisements), billboards, television, radio, buses, grocery carts, Internet web sites, other online solicitation (e.g. mass e-mail), etc., prior to use by Associate.
Associate agrees to use Broker’s legally licensed name designation on all advertising and marketing materials as required by law. Associate also agrees to follow all Nexus policies, together with all policies and procedures published by Broker, concerning the Nexus logo, advertising, signage, and any related topics.
Associate shall not act as a loan officer or as a representative for any mortgage broker, lender, closing agent, or title company. Such activities are not covered by any insurance purchased or maintained by Broker, and Associate shall defend, indemnify, and hold Broker harmless from any and all claims against Broker arising from and/or relating to such activities.
Associate shall not engage in any property management activities without Broker’s express written permission, and Associate shall defend, indemnify, and hold Broker harmless from any and all claims against Broker arising from and/or related to Associate’s involvement in such activities.
Use of Nexus Name: Associate understands that the name “Nexus Group”, the Nexus logo, and the phrase “Who You Work With Matters” are registered trademarks of Nexus Realty International, Inc. During the term of this Agreement, Associate is granted a limited, non-exclusive license to use the Nexus marks in connection with Associate’s real estate business provided that Associate at all times complies with all written policies and procedures governing their use. Such policies may be adopted from time to time by Nexus and may be changed at any time without notice. Associate shall not, without the express written authorization of Broker, allow any third person or entity to use any of the marks, in any form, for any reason; nor shall Associate do anything to imperil or undermine the good will and public esteem of Broker, the brokerage, or the Nexus Realty International trade name and marks. Associate shall not adopt any trademarks or trade names so resembling Broker’s trademarks as to be likely to cause confusion or deception. Associate acknowledges the validity of Broker’s rights and interest in or to Broker’s trademarks. Associate shall not have, assert, or acquire any right, title or interest in or to Broker’s trademarks, or the goodwill pertaining thereto, except as otherwise explicitly provided in this Agreement. Associate shall give Broker prompt notice of any infringement or threatened infringement of any of Broker’s trademarks. Broker shall determine in its sole discretion what action, if any, to take in response to the infringement or threatened infringement of Broker’s trademarks. Misuse of the Nexus name or trademarks shall constitute a material breach of this agreement, and may be grounds for immediate termination.
Standards of Practice: Associate shall control his/her own work hours and shall have no required floor time. Associate shall conduct business in a professional and courteous manner, acting with respect toward other agents, Associates and clients, and shall make a good faith effort to resolve differences quickly through Broker or Associate’s manager.
Though subject to change from time to time, Associate shall abide by Broker’s most current “Standards of Practice” guidelines and agrees to adhere to published grievance or arbitration hearings procedures in the event of disputes involving other Nexus Associates and Brokers.
Additional Agency Relationships and Responsibilities: When representing owners of real estate, Associate agrees to work diligently and to exercise Associate’s best efforts to sell, lease, or rent any and all real estate listed with or available to Nexus or Associate, and to solicit listings and customers for real estate brokerage transactions. By this Agreement, Associate is given the express authority to sign Listing Contracts with owners of real estate. All such Listing Contracts are subject to the approval and countersignature by the authorized representative of Nexus Associate shall file any listings obtained by Associate with Nexus within twenty-four (24) hours after receipt thereof.’
When representing prospective buyers of real estate, Associate agrees to work diligently and to exercise Associate’s best efforts to locate real estate suitable to that prospective buyer’s requirements, and to assist the prospective buyer in negotiating a successful purchase, lease, or rental of that real estate. By this Agreement, Associate is given the express authority to sign, on behalf of Nexus, Buyer Agency Contracts with perspective buyers and lessees of real estate.
Associate represents that Associate understands the law in the state of Washington, and the policies of Nexus with respect to acting as a dual or limited agent in a real estate transaction. In instances where Associate is representing both the owner and the prospective buyer, in the same transaction, Associate agrees to strictly comply with federal and state laws applicable to real estate licensees, and with any additional policies and procedures adopted by Nexus from time to time.
Associate shall also promote the business of serving the public in real estate transactions while striving to achieve mutual benefit and profit to the parties herein. Associate agrees that this contractual relationship with Nexus is a personal relationship subject to the terms of this Agreement. Associate further agrees not to undertake any activities hereunder as an affiliate of Nexus through any legal entity other than Nexus, without the express and prior written consent of Nexus.
(j) Associate Hiring of Assistants. In the event Associate hires a licensed or unlicensed assistant, Associate agrees to abide by and comply with Broker’s guidelines pertaining to Associate Assistants. Associate shall advise Broker if Associate is hiring, using, or intends to hire or use an Assistant. As long as Associate obtains prior approval from Broker, Associate may elect to hire assistants, administrators, transaction coordinators, etc. to assist Associate, provided that: (a) Associate assumes full responsibility for any person whom Associate hires; (b) Associate acknowledges that Associate’s assistants are not employees of Nexus; (c) Associate executes agreements with all of Associate’s assistants requiring assistants to abide by all Nexus policies, including use of Nexus logo on all advertising and marketing as required by law; and (d) Associate agrees that any commission splits agreed to in connection with this Agreement do not apply to separate commission split agreements that Associate may choose to execute with Associate’s own assistants.
COMMISSION AGREEMENT. Nexus’ Commission Schedule is attached hereto as Addendum A and incorporated in this agreement by reference and summarizes commission shares and condition.
MEMBERSHIPS. Broker and Associate are NOT members of the National and State Association of Realtors but subscribe to multiple listing service (NWMLS). Associate shall pay MLS dues and fees. Associate agrees to abide by the NWMLS rules and regulations.
EXPENSES. Broker shall not be liable to Associate or third parties for expenses incurred by Associate unless otherwise agreed to in writing. Associate shall be responsible for and shall promptly pay all of Associate’s own expenses. Though subject to change from time to time, the “Nexus Expense Schedule,” which is attached hereto as Addendum B and incorporated herein by reference, summarizes most goods and services for which the Associate shall be responsible.
Associate hereby authorizes Broker, at Broker’s sole discretion, to advance payment of any expenses, dues, fees and charges whether for accounting convenience of Broker or third party, or because Associate has failed to make such payment promptly. Associate agrees to reimburse Broker for all amounts advanced or prepayments made on Associate’s behalf. Amounts advanced shall be deducted from Associate’s first available commission after payment. Balances remaining after commission deductions shall be due on the 7th day of each month. If Associate fails to pay remaining balances by the deadline, then Broker may assess a late fee. All balances that remain unpaid thirty days after becoming due shall accrue interest at the rate of 18% until paid.
AUTO & PERSONAL PROPERTY INSURANCE.
Automobile Insurance: At all times, Associate shall have automobile liability and property damage insurance covering all motor vehicles that Associate uses or may use in Associate’s business. The insurance shall have limits of not less than $250,000/$500,000/$1MM or a combined single limit of $500,000. Associate agrees to provide Broker with proof of coverage immediately upon request. Associate shall notify Broker promptly of any and all business-related accidents, losses or incidents that result in or are likely to result in a claim against such insurance.
Personal Property Insurance: Broker’s property insurance does not cover loss of or damage to Associate’s personal office equipment and belongings (including, without limitation, computers, cellular telephones, PDAs, etc.). Associate is encouraged to purchase personal property insurance at his or her own expense. Associate agrees to hold Broker harmless for any loss of or damage to Associate’s personal property, whether such damage or loss occurs because of natural disaster, theft, or any other reason whatsoever.
LEGAL CLAIMS AND LAWSUITS. The provisions of this Section 9.0 inclusive, establish the respective rights and liabilities of Nexus and Associate with respect to legal claims and lawsuits arising out of transactions in which Nexus acted as the real estate principal broker, and Associate represented Nexus as a real estate associate. The rights and obligations set forth herein do not apply if Associate acted as a principal in the transaction, which results in a legal claim or lawsuit.
Involvement of E&O Carrier: In all litigation or threatened litigation and in all complaints alleging violation of rules of conduct of the National Association of Realtors’ the Washington Association of Realtors®, or in any other legal claim of any kind or nature made upon Associate, or Nexus, arising out of a transaction involving Associate (hereinafter collectively referred to as “Legal Claim”), Nexus shall make a good faith attempt to involve, as soon as practical, the insurance company who provides errors and omissions insurance coverage for Nexus and Associate (hereinafter referred to as the “E&O Carrier”). With the exception of any required advance for the E&O insurance policy deductible, or attorney retainer fees, Nexus and Associate shall first seek reimbursement from the E&O Carrier for any and all costs and expenses arising out of such Legal Claim(s), including, but not limited to, attorney fees and costs, and payments made in satisfaction or partial satisfaction of a settlement agreement, award, or judgement (hereinafter collectively referred to as a “Legal Expenses”).
Sharing of Legal Expenses: Any Legal Expenses of any kind or nature not paid by the Errors and Omissions (“E&O”) Carrier, including, but not limited to insurance policy deductible, shall be split between Nexus and Associate in the same ratio as the commission split in effect for Nexus and Associate at the time the Legal Claim was made against Associate or Nexus.
Advance of Legal Expenses: To the extent Nexus is required to advance Legal Expenses, included but not limited to, an E&O insurance policy deductible, Associate agrees to pay to Nexus, upon demand, Associate’s proportionate share of such Legal Expenses. If Associate is unable to make payment for such advance to Nexus on demand, Nexus may, at the option of Nexus, treat such Legal Expenses advance as a business expense advance to Associate under the provisions of Section 7 above.
Decisions regarding Legal Claims: All decisions with respect to a Legal Claim, including employment of legal counsel, settlement or other disposition of the Legal Claim or lawsuit where Nexus is named as a defendant, shall be made solely by Nexus; but shall be made with a view to protecting the best interests of the associate(s) involved. Associate may elect to employ his or her own legal counsel at Associate’s sole expense. The expenses for Associate’s own legal counsel shall be in addition to those expenses provided for above.
Deduction from Commissions: Any commissions owed to Associate may be used by Nexus to satisfy Associate’s obligation for Legal Claim expenses as provided above. Associate authorizes Nexus to deduct any such expenses from commissions earned.
Multiple Agents: In transactions where more than one associate affiliated with Nexus is involved, the obligation to contribute shall be shared by all associates involved in the transaction. Each Associate shall contribute towards the Legal Expenses in accordance with the applicable associate’s commission split.
Claim after Associate Leaves: If Associate is no longer associated with Nexus at the time Nexus is served with the Legal Claim, or if Associate terminates his/her association with Nexus while a Legal Claim is pending, Associate’s obligation to contribute toward the Legal Expense shall continue until such time as the Legal Claim has been resolved, and the proportionate share of Associate’s Legal Expense has been paid by Associate.
Indemnity: Nexus may seek complete indemnity from Associate, including payment for costs and reasonable attorney fees if Associate, acted as a principal or its determined, either by final judgement, or by Nexus, that Associate was guilty of malice, oppression or fraud, as those terms are defined below in transaction out of which the legal claim or lawsuit arose.
“Malice” means conduct, which is intended by the defendant to cause injury to the plaintiff or conduct, which is carried on by the defendant with a conscious disregard of rights or safety of other.
“Oppression” means subjecting a person to cruel and unjust hardship in conscious disregard of that person’s rights.
“Fraud” means intentional misrepresentation, deceit, or concealment of a material fact known to the defendant with the intention on the part of the defendant of thereby depriving a person of legal rights or otherwise causing injury.
ASSOCIATE/PRINCIPAL TRANSACTIONS. Associate shall not represent himself or herself as a principal in any real property transactions without Broker’s express written permission. Associate understands that this provision has been included in this Agreement because of substantially higher liability associated with such transactions, and because Broker’s E&O insurance may not cover such principal transactions. Accordingly, in the event Broker grants permission for Associate to represent himself or herself, Associate agrees to indemnify Broker for Broker’s full E&O deductible (unless agreed otherwise in writing) on all covered claims arising from or related to such transactions. For all non-covered or denied claims, Associate shall indemnify Broker for all Broker’s costs and expenses arising from or relating to such transactions.
If Broker does not consent to Associate representing himself or herself, Associate shall be represented by another licensee assigned by Broker and approved by Associate. Associate shall not represent any other principal party to such a transaction.
Associate shall comply with all rules imposed by Broker and Broker’s E&O provider, which rules are incorporated herein by reference. If Associate fails to comply with this paragraph and/or the referenced rules, then Associate shall indemnify Broker for all costs and expenses incurred by Broker pertaining to any claim arising from or related to Associate’s conduct and/or role in transaction. For purposes of this section and the referenced rules, the definition of Associate includes, without limitations, any and all limited liability companies, corporations, partnerships, and/or other entities in which Associate is an officer, shareholder, member, partner, etc. Additionally, for purposes of this section, costs and expenses include, without limitation, litigation costs and expenses, attorney fees, judgements, fines, and awards.
INDEMNIFICATION OF BROKER. In addition to the indemnification provided by Associate to Broker as provided above, Associate further agrees that Associate shall indemnify Broker for all Broker’s costs and expenses pertaining to any and all uninsured and/or denied claims arising from or relating to Associate’s conduct, including, without limitation, Associate’s failure to comply with the terms of this Agreement. In addition, Associate shall pay all fines, awards, or monetary sanctions of any kind levied against Associate and/or Broker as a result of Associate’s conduct, and understands that Broker shall not pay any portion whatsoever. Associate understands that the referenced fines, awards, or monetary sanctions include, without limitation, multiple listing service commission awards and/or disciplinary fines imposed by any Association of Realtors (if any) or MLS, fines for failure to comply with federal laws and regulations such as lead-based paint disclosures, telemarketing restrictions, and RESPA, and violation of state licensing statutes.
Associate authorizes Broker to withhold commissions paid to Broker and owed to Associate in amounts sufficient to pay all costs and expenses incurred by Broker. Neither Broker’s failure to withhold nor a lack of commissions shall relieve Associate of the obligation to indemnify Broker, and Associate shall, in all circumstances, reimburse Broker for all sums paid by Broker in connection with Associate’s conduct.
As provided above, if Associate retains his or her own attorney to represent Associate, then in addition to Associate’s indemnification obligation herein, Associate shall bear sole responsibility for paying that attorney. For purposes of this Section 11, costs and expenses include, without limitation, litigation costs and expenses, fines, awards, judgements and attorney fees.
BROKERS DECISION TO PURSUE COMMISSION CLAIMS/ INDEPENDENT LEGAL ACTION. Broker has no insurance covering the pursuit of commission claims or any other type of claim for damages. Without Broker’s express written permission, Associate shall not initiate legal action in pursuit of a commission or other damages.
If Broker elects to pursue a commission or other damages on behalf of Broker and Associate, then notwithstanding any language in this Agreement to the contrary, Broker shall have the sole right to select attorneys, control any litigation, and to settle, compromise, dismiss, and/or cease pursuit of the claim. Unless Broker and Associate agree otherwise in writing, all costs and expenses (including, without limitation, attorney fees, litigation expenses, collection of judgments or awards, and attorney fees and costs awarded to the adverse party) incurred by Broker in the pursuit of any such claim shall be split by Broker and Associate in the same proportion as the commission split set forth in the Commission Schedule attached hereto. The applicable split shall be the one in effect upon the closing of the transaction giving rise to the claim; provided: that if there is no closing, then the applicable split shall be the one in effect at the time that pursuit of the claim is commenced. Prior to pursuit or litigation of such claims, Broker shall have the right to require a deposit from Associate to cover all or a portion of Associate’s estimated share of the costs. Associate shall be liable for his or her share of the costs, regardless of the outcome of the pursuit of such claims.
Any amounts received as a result of the pursuit of such claims shall be divided between Broker and Associate in accordance with this paragraph and the commission split set forth in the Commission Schedule.
If Broker declines to pursue a commission or other claim, but gives written permission for Associate to pursue such claims independently, then Associate shall be solely responsible for all costs incurred in pursuing the claims, including, but not limited to, all costs and attorney fees incurred by Broker in defending any counterclaim or cross claim filed against Associate, Broker as a direct or indirect result of Associate pursuing a claim for a commission or other claim. Any amounts recovered by Associate may be retained by Associate, but only if paid first to Broker.
If pursuit of the commission results in insured claims against Broker and/or Associate, then, in addition to the costs and legal fees Associate shall pay the entire E&O deductible, unless otherwise agreed in writing.
TERM AND TERMINATION. The term of this agreement begins when Associate’s license is activated with Broker and may be terminated, at any time, with or without cause, by either party giving notice to the other, or by Broker by returning Associate’s real estate license to the state’s licensing authority. Upon termination, Associate shall promptly return all keys and other property belonging to Broker.
Pending Commissions and Transactions: Any commissions pending (i.e., buyer and seller have reached mutual acceptance on a purchase and sale agreement, lease, listing or other similar document, but the subject transaction has not yet closed) at the time of termination shall be paid in accordance with this Agreement and shall be subject to settlement of Associate’s obligations to Broker. Associate authorizes Broker to hold all commissions in Brokers account pending resolution of any disputes over division of the commission funds, or of any existing or potential legal actions.
Associate agrees to exercise utmost good faith and diligence to complete and close pending transactions. If any of Associate’s transactions is not completed prior to termination, then Broker may appoint other licensees affiliated with Broker to complete the transaction. In such case, Broker is authorized to compensate other such licensees in an amount determined by Broker in its sole discretion, and to deduct such amounts from Associate’s share of the commission up to and including the full amount owed to Associate.
Unpaid Obligations to Broker: Upon termination Associate will immediately pay all amounts due Broker. If Associate moves to another real estate brokerage, Associate hereby irrevocable assigns the proceeds of any pending commissions and, upon Broker’s written request to Associate’s new Broker, authorizes the new Broker to deduct and forward such shortfalls out of commissions earned at Associate’s new brokerage to Broker until owed amounts are paid in full. Collection costs on amounts not paid, including attorneys’ fees, shall be paid by Associate.
Associate’s license to use the Nexus name and trademarks shall be deemed revoked immediately upon termination of this Agreement, and Associate agrees to cease and desist from all use of the marks thereafter. Associate shall surrender to Broker, upon demand, all personal marketing materials in Associate’s possession bearing or referring to the name Nexus, or any of the Nexus trademarks. Any internet domain names registered by or to Associate which include the name “Nexus” in any fashion whatsoever shall, upon termination of this Agreement, be transferred to Broker upon demand. Associate agrees that Broker may seek injunctive relief to enforce the provisions of this paragraph, in addition to seeking recovery of money damages.
Actions upon Termination: Upon termination, Associate shall cease any use of Broker’s trademarks, trade names, business names, and Marketing Collateral, and return to Broker or destroy all Marketing Collateral previously authorized for use in connection with this Agreement.
DUTY TO ARBITRATE. Associate and Broker agree that commission or other disputes which cannot be resolved between them or between other Nexus Brokers or Associates (including disputes arising after termination of this Agreement) within thirty (30) days, shall be submitted to Arbitration in Seattle, Washington before an arbitrator reasonably agreed upon by Broker and Associate. Arbitration is mandatory and the decision is binding. Associate hereby grants Broker the right to deduct resulting awards and damages from Associate’s outstanding or future commissions, or if there is no closing or commissions, to pay immediately upon Broker’s demand.
ANTI-HARASSMENT. Broker is committed in all areas to providing a work environment that is free from harassment. Harassment based upon an individual’s sex, race, ethnicity, national origin, age, religion or any other legally protected characteristics will not be tolerated. All individuals, including Brokers and Associates, are expected and required to abide by this policy. No person will be adversely affected with regard to their employment as a result of bringing complaints of harassment. If an Associate or other employee feels that he or she has been harassed on the basis of his or her sex, race, national origin, ethnic background, or any other legally protected characteristic, they should immediately report the matter to the Broker. Broker should also be notified if any employee or Associate feels he or she is not being treated in a respectful manner. Once the matter has been reported it will be promptly investigated and any necessary corrective action will be taken where appropriate, including termination. All complaints of unlawful harassment will be handled in as discreet and confidential a manner as is possible under the circumstances.
ENTIRE AGREEMENT. This Agreement contains the entire understanding between the parties and supersedes any prior understanding and agreements between them.
AMENDMENTS. This Agreement may be amended only in writing, signed by each of the parties and attached to this Agreement.
BINDING EFFECT. Except as otherwise provided in this Agreement, every covenant, term and provision of this Agreement shall be binding upon and inure to the benefit of the parties and their respective heirs, legal representative, successors and all persons hereafter holding or having an interest in this Agreement.
CONSTRUCTION. Every covenant, term and provision of this Agreement shall be construed simply according to its fair meaning and not strictly for or against any party.
HEADINGS AND PRONOUNS. Section and other headings contained in this Agreement are for reference purposes only and are not intended to describe, interpret, define, or limit the scope, extent, or intent of this Agreement or any provision. All pronouns and any variations of them shall be deemed to refer to masculine, feminine, neuter, singular or plural, as required for the identification of the person or persons, firm or firms, corporation or corporations.
SEVERABILITY. Every provision of this Agreement is intended to be severable. If any term or provision is found to be illegal, invalid or unenforceable for any reason whatsoever, such illegality, invalidity, or unenforceability shall not affect the remainder of the Agreement, and it shall be enforced to the full extent permitted by law.
WAIVER. The consent, approval or waiver of any covenant, term or condition of this Agreement by either party shall not be construed as consent, approval or waiver of a subsequent similar act or breach of the same covenant, term or condition.
GOVERNING LAW. The laws of the state of Washington shall govern the validity of this Agreement, the construction of its terms, and the interpretation and construction of this Agreement.
NO THIRD PARTY BENEFICIARY INTENT. The promises between Broker and Associate in this Agreement are intended for Broker’s and Associate’s sole benefit and not for the benefit of any third party, including without limitation any buyer or seller of real estate, nor for the benefit of any other brokerage or broker.
IN WITNESS WHEREOF, the parties have entered into this Broker/Associate Agreement as of the date below.
Printed Name: Pavel Stepanov
By digitally filling out this form, you are acknowledging and signing the contract above.