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Independent Contractor Agreement
Truly Happy Life, Inc dba Avalon Group Realty located at 5101 2nd Ave N, St Petersburg, FL 33710, referred to as “Broker," or Avalon Group Realty and Sales Associate or Broker Associates, hereinafter referred to as "Contractor," hereby mutually agree to the following terms and conditions:

1. Independent Contractor Status:
The Contractor agrees to operate as an Independent Contractor for the Broker, acknowledging that they are not an employee. While working independently, the Contractor understands that the Broker holds legal accountability for their activities. All costs and responsibilities incurred during the independent business operation will be the sole responsibility of the Contractor, who will hold the Broker harmless from any related costs or obligations.
The Contractor will manage their time and efforts independently and is responsible for the timely payment of all expenses, including industry association dues, licensing renewals, and other business-related costs.
The Contractor acknowledges that, being an Independent Contractor, the Broker will not withhold Federal or State Income Tax, Social Security (FICA), or Unemployment (FUTA) taxes from the Contractor's commissions. The Contractor is personally responsible for all tax payments, record maintenance, and indemnifies the Broker from any associated liability or costs. The Contractor also acknowledges the absence of Workman’s Compensation coverage and agrees to waive such coverage.

2. License & Realtor Status - Contractor is and shall remain licensed and in good standing with the Florida Department of Professional and Business Regulation, throughout the term hereof. All Realtors®, will adhere to the REALTOR® Code of Ethics and the Multiple Listing Service Rules and By-Laws. Contractor will always conduct him/herself in full compliance with the Statutes of Florida and the Rules and Regulations of the Florida Real Estate Commission and in a way which reflects the high standards of the Broker.

3. Agent Information:
The Agent will promptly update the Broker with any changes to personal information, including mailing address, phone numbers, email, etc.

4. Broker Supervision:
The Contractor will operate under the Broker’s supervision only to the extent required by Chapter 475, Florida Statutes. The Contractor will perform all activities, including those required independently, without direct supervision or control from the Broker.

5. Broker Responsibilities:
Compensation from the Broker to the Contractor will be proportionate to the Contractor’s output in real estate-related activities rather than hours worked. Any conflicts between the office policy manual and this Agreement will be resolved in favor of the office policy manual. The Broker may deduct any amounts due from the Contractor's compensation.

6. License & Realtor Status:
The Contractor will maintain a valid real estate license in good standing with the Florida Department of Professional and Business Regulation throughout the agreement's term. If not already a Realtor, the Contractor will become a member of an approved Association of REALTORS® within 10 days of the contract date and adhere to the REALTOR® Code of Ethics and Multiple Listing Service Rules and By-Laws.

7. License Renewal; Continuing Education; Dues:
The Contractor is responsible for timely renewing their real estate license, completing required continuing education, and paying all associated fees and fines.

8. Commissions and Fees:
The Contractor will pay a monthly fee of $125 and participate in the company's “Agent Success Builder Program, and will pay $75 a month for the Essential Program.” Commissions will be subject to a $75 per transaction fee. If the Contractor chooses the Monthly Fee Program then the will pay $375 a transaction. Commissions will be subject to a $75 per transaction fee. The Contractor earns 100% of their commission less the transaction fee unless a referral fee is applicable through the “Agent Success Builder and Essential Program." Commissions will be promptly paid after processing and receiving a complete sales file. We will make every effort to make sure you get paid at closing.

9. Agent Success Builder Program
Under this program Avalon Group Realty will provide internet leads that are funneled into each independent contractor’s Lofty CRM. These buyers leads are provided while contractor participates in the Agent Success Program. The contractor will nurture and convert leads into buyers. In the event the buyer turns into a transaction then Avalon Group Realty will take a 25% commission at closing plus the $75 transaction fee.

10. Rentals:
Avalon Group Realty will charge a flat fee of $200 for all rental listings. (Regardless of amount collected for fee from landlord or personally owned.) When earning a fee for referring a tenant to the Lease Listing Agent or Landord, the fee is 10% with max of $250. This only applies to referral fees for a $1000 or more.

11. Collection of Fees:
The Broker is not obligated to prosecute or sue for fee collection. If legal action is required, the Broker may deduct attorney’s fees and costs from the Contractor's commission.

12. Errors & Omissions Insurance:
The Errors and Omissions Insurance carrier shall be chosen at Broker's discretion. Contractor understands that he/she is responsible for payment of the deductible amount (currently $5,000.00) upon request, for each Errors and Omissions claim. Contractor shall immediately notify Broker of any circumstances likely to give rise to any kind of claim or complaint against Contractor and/or Broker. Failure to provide all required documentation, a waiver acknowledging full responsibility of E&O deductible (signed by Independent Contractor), will be required prior to getting paid. In the event of a claim, lawsuit, license complaint or Arbitration demand which is not wholly covered by insurance, Broker may withhold from Contractor's commissions payable, an amount adequate to satisfy any amounts not covered, which Broker shall place in its Claims and Disputes Retention Account, pending settlement or other disposition of the matter. Broker may, in Broker's sole discretion, apply such sums as necessary to settle or to satisfy any such claim or award, and Contractor agrees to cooperate fully in this regard. Contractor understands that, from time to time, the Principals of Broker may deem it necessary to obtain legal consultation concerning one of Contractors’ transactions, Contractor agrees to reimburse and indemnify Broker for any Attorney's fee reasonably incurred by Broker to obtain legal advice concerning such transactions(s).

13. Agent As Principal (Buyer or Seller of Property) - In the event Contractor intends to enter into any transaction as a principal, or an immediate relative that Contractor is representing intends to enter into any transaction, or any entity owned or controlled by Contractor, Contractor pays the office a transaction fee and risk management fee whether a commission is earned or not, whether property is in MLS or not. In any event, Contractor agrees to indemnity and hold Broker harmless from any claims, demands, complaints, Realtor® arbitration's or other actions made against Broker as a result of any transaction in which Contractor acts as a principal. Residential Agents will NOT have E&O coverage when selling their own Personal Vacant land or Commercial property

14. Broker's Marketing Authorization – Contractor authorizes and acknowledges that Broker may use the contractor’s name, photograph, and/or closing information for company promotion, email campaigns, and marketing activities unless a written request to opt out is received and filed with the company.

15. Do Not Call - Contractor may not solicit anyone on the Do Not Call list. It is the Contractor's responsibility to check all phone numbers against a Do Not Call list.

16. Agent as a Principal (Buyer or Seller of Property):
The Contractor will indemnify and hold the Broker harmless from any claims, complaints, or actions resulting from a transaction in which the Contractor acts as a principal.

17. Hold Harmless:
The Contractor agrees to indemnify and hold the Broker harmless from any claims, complaints, actions, damages, or liabilities arising from the Contractor's actions during the contractual relationship. No action against any third party in a real estate transaction involving the Broker may be initiated by the Contractor without the Broker's written consent.

18. Protection of Contractor’s Listings and Contracts:
In case of termination of the contractual relationship, the Contractor can withdraw and re-list listings obtained during the agreement term with a new brokerage without penalty, provided all outstanding balances are settled. Pending sales will be referred to the Contractor’s new brokerage with a 25% referral fee to the Broker.

19. Transaction Defined:
A "transaction" is defined as the recording of the deed following the sale of real estate or the execution of a lease where a commission is paid to the Broker as a result of the Contractor's efforts.

20. MLS Fines or Arbitration:
The Contractor agrees to reimburse the Broker for fines, arbitration, or court losses incurred due to any infractions by the Contractor with MLS board rules.

21. Escrow:
The Broker does not maintain an escrow service, and all escrow services should be provided by a 3rd party independent Title/Escrow Company.

22. Broker Price Opinion (BPO):
The Contractor agrees to submit all paperwork and BPOs promptly, conducted at their own risk. Certification or training from a state-recognized institution is encouraged for BPOs. The Contractor will indemnify the Broker and hold them harmless from any claims related to BPOs.

23. Fair Housing:
The Contractor acknowledges and agrees to comply with Fair Housing principles. Failure to comply may result in disciplinary action and possible termination of the Agreement.

24. Office Policy Manual:
In addition to this document, the Contractor will receive a manual with policy and daily operation guidelines. The Contractor agrees to comply with the manual and any modifications incorporated therein.

25. Confidentiality:
The Contractor acknowledges the disclosure of confidential information by the Broker and agrees to prevent the duplication or disclosure of such information during the term of the Agreement and for 36 months after its termination.

26. Mediation of Disputes:
In the event of a dispute between Contractors licensed with the Broker, the Designated Broker for Avalon Group Realty is authorized to resolve the dispute. The Contractor agrees to abide by the decision of the Designated Broker and hold harmless and indemnify Avalon Group Realty, Inc. and its designated Broker from any related claims or expenses.

27. Broker Database of Buyer/Seller Leads:
Contractor Leads in the Broker's database are the property of the Contractor if fully paid or generated solely by the Contractor's efforts. Broker-paid or generated leads are the property of the Broker. No time expiration exists for a lead to be subject to a referral fee; a lead continues to generate a referral fee for two years after its first closing with Avalon Group Realty.

28. Termination of Agreement:
The Agreement may be terminated immediately by the Broker for cause or upon three calendar days' written notice by either party. Violation of Contractor’s obligations constitutes cause for termination. If terminated for cause, ongoing obligations of the Contractor shall survive.

29. Acceptance of this Agreement:
Effective upon acceptance and receipt of necessary documents by the Broker, the Contractor becomes an Independent Contractor for Avalon Group Realty. By accepting this agreement, the Contractor acknowledges understanding and agreement with the terms and conditions without modifications.

All parties are bound by Avalon Group Realty, policy and procedures, subject to future amendments. Avalon Group Realty, reserves the right to modify this agreement, notifying all agents via email. The undersigned acknowledge receipt of a copy of the agreement and agree to the terms and conditions outlined herein.
Avalon Group Realty reserves the right to modify this agreement and will notify all Contractors of any such changes via email.

The undersigned agree to the terms and conditions set forth above and acknowledge receipt of a copy hereof.

Aaron Hunt, Broker Avalon Group Realty
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5101 2nd Ave N, St Petersburg, FL 33710

Email

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