FINALHiringAgentAgmt3 7 2016(JC)(3)WEBSITE5.12.16 (1) (1) (PDF)

HIRING AGENT AGREEMENT
This Hiring Agent Agreement (the “Agreement”) is entered into this month/day/year by
electronic stamp, by and between Showing Agents, L.L.C. (the “Company”), whose principle
place of business is located at 2912 Montebello Drive, Denton, Texas 76210, and the Hiring Agent
(the “Customer).
WHEREAS, the Company provides temporary real estate services to licensed real estate
professionals, including showing properties to clients of licensed real estate professionals, h o l d i n g
o p e n h o u s e s , a n d listing activities (“Real Estate Services”); and
WHEREAS, Customer is a real estate broker or agent duly licensed in the State of Texas; and
WHEREAS, Customer desires to retain Company for the rendering of Real Estate Services for
Customer's benefit;
NOW, THEREFORE, in mutual consideration of the terms and conditions set forth in this
Agreement, the parties hereby agree as follows:
THIS AGREEMENT IS SUBJECT TO MANDATORY ARBITRATION PURSUANT TO
THE FEDERAL GENERAL ARBITRATION ACT. READ CAREFULLY TO
UNDERSTAND YOUR RIGHTS AND OBLIGATIONS.
1.

2.

Description of Services. Customer requests that Company provide, and Company agrees
to provide, Real Estate Services to Customer, including showing properties to clients of
Customer, holding open houses and listing activities as Customers may request. These
services shall be rendered through the personal services of licensed real estate
professionals who are Company Associates (“Company Associates”).
Payment for Real Estate Services.
a.

Customer shall pay Company One Hundred and 00/100 Dollars ( $100.00) for
each hour worked by Company Associates with a $100 minimum.

b.

Company Associate shall provide Customer, by hard copy, text or email, a
worksheet of services performed after each assignment. The worksheet serves
as notice to Customer of time spent on services rendered. Research of listings to
show Customer's Client will be billed one (1) hour additional time.

c.

Company and Company Associate expressly waive any claim to any real estate
commission that may be earned by Customer and agree not to seek from
Customer or other person any commission or referral fee for performing Real
Estate Services under this Agreement.

d.

Appointments made by Company Associate on behalf of Customer, or by
Customer directly, resulting in a ‘no show’ or not cancelled within one (1) hour
prior to the scheduled appointment shall be billed to customer as one (1) hour of
Real Estate Service.

HIRING AGENT AGREEMENT

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3.

Independent Contractor Relationship. Nothing herein shall be construed to create
an employee relationship between Customer and Company Associate, Customer
and Company or Company and Company Associate.

4.

Representation and Warranties of Company.
a.

5.

6.

Company warrants and represents that it will perform any and all Real Estate
Services in a professional manner by qualified personnel in a manner consistent
with industry standards.

Representations and Warranties of Customer.
a.

Customer warrants and represents that Customer is a real estate broker or agent
licensed in the State of Texas and in good standing with the Texas Real Estate
Commission.

b.

Customer warrants and represents that Company Associate will only be required
to work in safe workplaces. Customer warrants and represents that Customer is
familiar with all applicable OSHA requirements and regulations. Customer agrees
to notify Company immediately of the presence of any hazardous materials or
chemicals in or near the areas where Company Associate is working or may be
assigned to work.

c.

Without Company's prior written permission, Customer warrants and represents
that Customer will not entrust Company Associate with the care, custody or
control of cash, checks and other negotiables, valuables, securities or credit cards.

Non-Solicitation Agreement. Customer agrees not to solicit work from Company
Associate without contracting with and notifying Company. Work includes being
employed directly by Customer or as a temporary or leased employee or as an
independent contractor.
All inquiries for Real Estate Services shall be directly
communicated to Company.

7.

Indemnification. Customer shall indemnify, defend and hold harmless Company from all
liability from loss, damage, or injury to persons or property resulting from an unsafe
workplace or from the inherent risks of Customer's business operations.

8.

Term; Termination by Either Party. The term of this Agreement shall be month-to-month.
Either party may terminate this Agreement by giving written notice of termination to the
other party. Such termination shall not prejudice any remedy that the terminating party
may have at law or in equity.

9.

Mandatory Arbitration. Any controversy or claim arising out of or relating to this
Agreement or the breach of it, except controversies involving less than One Thousand Five
Hundred and 00/100 Dollars ($1,500.00), shall be settled by arbitration in accordance with
the rules of the American Arbitration Association, and judgment on the award rendered
may be entered in any court having jurisdiction. However, nothing in this Agreement shall

HIRING AGENT AGREEMENT

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prohibit either party from seeking an injunction against the other party in an appropriate
court of competent jurisdiction.
10.

Attorneys' Fees and Costs. If any action at law or in equity is necessary to enforce or
interpret any of the rights or obligations under this Agreement, the prevailing party shall
be entitled to reasonable attorneys' fees and costs of court in addition to any other relief to
which the prevailing party may be entitled.

11.

Paragraph Headings. The paragraph headings set forth in this Agreement are for the
convenience of the parties, and in no way define, limit, or describe the scope or intent of this
Agreement and are to be given no legal affect.

12.

Notice. Any notice or communication permitted or required by this Agreement shall be
deemed effective when personally delivered or deposited, postage prepaid, by certified
mail, return receipt requested, addressed to the other party's last known business address.

13.

Entire Agreement. This Agreement constitutes the entire agreement of the parties with
regard to the subject matter hereof, and replaces and supersedes all other agreements or
understandings, whether written or oral. No amendment, extension or change of the
Agreement shall be binding unless in writing and signed by both parties.

14.

Binding Effect. This Agreement shall be binding upon and shall inure to the benefit of
Customer and Company and their successors and assigns.

15.

Governing Law. This Agreement shall be governed by the laws of the State of Texas.
The invalidity or unenforceability of any provision of the Agreement shall not affect the
validity or enforceability of any other provision.

WHEREFORE, the parties have executed this Agreement as of the date first electronically
stamped above.

By: ______________________________
Jan Dunson, President
Showing Agents, LLC

HIRING AGENT AGREEMENT

By: Hiring Agent, Customer

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