We are happy to provide you with a copy of your Dalton Wade Independent Contractor Agreement (ICA). Since this document is stored in a third-party system, please allow up to one business day for DW Support to retrieve and send it to you after your request.
INDEPENDENT CONTRACTOR AGREEMENT
Dalton Wade, Inc. Corporate Offices 260 1st Avenue South St. Petersburg 
FL  33701(“Broker”) and Sales Associate or Broker Associates 
(“Contractor”), hereby agree as follows:
1. INDEPENDENT CONTRACTOR STATUS – Contractor agrees to work for Broker 
as an Independent Contractor, and not as an employee, however, 
Contractor understands that Broker is legally accountable for the 
activities of the Contractor. All costs and obligations incurred by 
Contractor in conducting his/her independent business shall be paid 
solely by Contractor, who will hold Broker harmless from any and all 
costs and obligations. Contractor will act independently as to the 
management of his/her time and efforts, and will be responsible for 
timely payment of all of his/her own expenses, such as industry 
association dues, licensing renewals, cellular telephones, signage, 
business cards etc., as they are incurred.
Contractor understands and agrees that, because Contractor is an 
Independent Contractor and not an employee of Broker, Broker will not 
withhold any Federal or State Income Tax, Social Security (FICA) or 
Unemployment (FUTA) taxes from Contractor’s commissions paid. Contractor
 is personally responsible for paying any and all Federal and State 
Income taxes, Social Security and other taxes, and for maintaining all 
expense records as required by law, and represents to Broker that all 
such amounts will be paid when due. Contractor shall indemnify and hold 
Broker harmless from any liability or costs thereof. Contractor further 
understands and acknowledges that Broker provides no Workman’s 
Compensation coverage. Contractor hereby specifically waives such 
coverage and represents to Broker that he/she understands that, if 
Contractor desires such coverage, Contractor must personally obtain such
 coverage directly from the  an insurance carrier of Contractor’s 
choice, at Contractor’s sole expense.
2. AGENT INFORMATION – Agent will keep Broker updated with any changes 
to personal information such as mailing address, phone numbers, email, 
etc.
3. BROKER SUPERVISION – Contractor will be deemed to be working under 
Broker’s supervision only to the extent required by applicable state 
law. Contractor will perform all activities, including those activities 
Broker requires Associate to perform independently without Broker’s 
supervision or control.
4. BROKER RESPONSIBILITIES – Broker will compensate Contractor in 
proportion to Contractor’s output with regard to real estate-related 
activities and not to hours worked by Contractor. Such compensation will
 be solely through commissions as described below. In the event of 
conflict between Broker’s office policy manual and this Agreement, the 
terms of the office policy manual will prevail. Broker may deduct from 
Contractor’s compensation any amounts due from Contractor to Broker.
5. LICENSE & REALTOR STATUS – Contractor is and shall remain 
licensed and good standing with their state licensing authority, 
throughout the term hereof. If not currently a Realtor®, Contractor 
will, within 30 days of the date of this contract, become a member of an
 approved Association of REALTORS® and 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 their states 
Statutes and the Rules and Regulations of their Real Estate Commission 
and in a way which reflects the high standards of the Broker.
6. LICENSE RENEWAL; CONTINUING EDUCATION; DUES – Contractor will be 
responsible for timely renewing Contractor’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 their state Real Estate Commission. Contractor will be responsible 
for paying all license fees, membership dues and fines.
7. COMMISSIONS AND FEES – Contractor will pay no monthly fee and as 
commissions are earned Contractor will earn 100% of the commission minus
 a transaction fee of $390 per transaction for purchase and sales and a 
$79 transaction fee for rentals. All such commissions will be promptly 
paid to Contractor by Broker after receipt and processing, less any 
amounts owing to Broker. Payment of any and all commissions is subject 
to Broker receiving a complete sales file. All disbursements will be 
made no later than 72 hours after complete sales file submission and 
funds clearing broker’s bank account. In most cases agent will be paid 
at closing!
8. COLLECTION OF FEES – Broker will not be required to prosecute or sue 
any party in order to collect any fee for services performed by 
Contractor. However, if Broker incurs attorney’s fees and costs in the 
collection of or attempt to collect a fee, such amounts will be deducted
 from Contractor’s commission in the same proportion as provided for 
herein in the division of the fee.
9. 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) upon request, for each Errors and Omissions claim. 
This deductible may change yearly. Contractor will be notified of any 
change. Contractor shall immediately notify Broker of any circumstances 
likely to give rise to any kind of claim or complaint against Contractor
 and/or Broker. 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).
10. AGENT AS A PRINCIPAL (BUYER OR SELLER OF PROPERTY) – Contractor 
agrees 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.
11. HOLD HARMLESS – As a material provision of this agreement, agrees 
that, for all actions that Contractor does during his/ her contractual 
relationship with Broker, Contractor will forever indemnity and hold 
harmless Broker, their heirs, successors, spouses and assigns, from any 
and all claims, complaints, causes of action, Realtor® arbitration 
demands, damages and liabilities of every kind whatsoever, whether known
 or unknown, including without limitation of any action, omission, 
negligence or any other basis of liability or complaint, in any forum, 
brought by any third party against Broker. No action or complaint 
arising out of a real estate transaction in which Broker was involved 
may be brought by Contractor before anybody, against any third party, 
without prior written consent of the Broker. If the Broker initiates any
 litigation or arbitration action on behalf of the Contractor or if the 
Broker must defend any action of the Contractor in litigation or 
arbitration, Contractor will pay all related filing fees and attorney 
fees.
12. PROTECTION OF CONTRACTOR’S LISTINGS AND CONTRACTS – In the event 
that Contractor terminates his/her contractual relationship with Broker 
or Broker terminates his/her contractual relationship with contractor 
for any reason, any and all listings obtained through the efforts of 
Contractor during the term of this Agreement shall be withdrawn by 
contractor and re-listed with Contractor’s new brokerage, without 
penalty once any outstanding balance for dues, charges or fees due to 
Broker are brought up to date.
Pending sales, whether seller or buyer representation or referrals, will
 be referred to Contractor’s new brokerage with a referral fee to Broker
 equal to 25% of the gross commission.
13. TRANSACTION DEFINED – For purposes of this Agreement, the term 
“transaction” shall be defined as the recording of the deed following 
the sale of real estate, or the execution by all parties of a lease, 
where a commission is paid to Broker as a result of the efforts of 
Contractor. Contractor agrees that Broker has the right to hold and/or 
apply any commissions owing to Contractor, as may be necessary to pay 
for or secure any obligations of Contractor hereunder.
14. MLS FINES OR ARBITRATION– Contractor agrees to reimburse the Broker 
for the amount of any fine charged, arbitration or court loss charged to
 the Broker for any infraction caused by the Contractor, by any MLS 
board for infractions of board rules by cash payment or by authorization
 of credit card charge or commission adjustment, which is hereby granted
 to Broker. Broker will be compensated 20% of any arbitration award or 
court judgment, to compensate company for time, company legal expenses 
and costs accrued by such arbitration or court action.
15. ESCROW – Broker does NOT maintain escrow service. All escrow 
services should be provided by a 3rd party independent Title/Escrow 
Company.
16. BROKER PRICE OPINION (BPO) – Contractor agrees to turn any and all 
paperwork originated from conducting BPO and the BPO themselves into the
 office the day they are completed. Contractor agrees they are 
conducting BPO at their own risk and it is not encouraged by Broker 
unless the Contractor has been certified or trained by a state 
recognized institution for conducting Broker Price Opinions. Contractor 
will indemnify and hold Dalton Wade, Inc., 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 Contractors 
representations; acts; omissions; negligence; willful misconduct; or 
violation of laws, rules, regulations, codes of ethics, any and all 
claims from Contractor conducting Broker Price Opinions (BPO). All costs
 and obligations incurred by Contractor conducting his/her independent 
business and/or the practice of Broker Price Opinions shall be paid 
solely by the Contractor, who will hold Broker harmless from any and all
 costs and obligations.
17. FAIR HOUSING – Broker supports and practices Fair Housing 
principles. Contractor has been advised that failure to comply with Fair
 Housing principles will result in appropriate disciplinary action and 
possible termination of this Agreement. Contractor warrants and 
represents that it is Contractors 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. Contractor understands this 
acknowledgment, warranty and representation and agrees to it 
voluntarily.
18. OFFICE POLICY MANUAL – In addition to this document, Contractor will
 receive a manual with policy and daily operation guidelines that 
Contractor agrees to comply with. Contractor has read and is encouraged 
to print a copy, and agrees to comply with the manual and such 
modifications, addenda and changes as may be incorporated therein from 
time to time.
19. CONFIDENTIALITY – Contractor acknowledges that Broker may disclose 
confidential information to Contractor during the course of 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, computer data, computer programs and supporting 
documentation and Broker’s office policy manual are considered 
confidential property of Broker. Internet practices, marketing practices
 and functionality of 
www.joindaltonwade.com and 
www.daltonwade.com and 
any and all company websites are considered confidential information and
 practices of the broker. Contractor will take reasonable steps and use 
due care during the term of this Agreement and for 36 months after its 
termination to prevent the duplication or disclosure of confidential 
information and practices.
20. MEDIATION OF DISPUTES – In the event of a dispute involving two or 
contractors, all of whom are licensed with Broker, Contractor authorizes
 the Designated Broker for Dalton Wade, Inc. sole and absolute 
discretion in resolving said dispute. Contractor agrees to abide by the 
decision of the Designated Broker. Contractor also agrees to hold 
harmless and indemnify Dalton Wade, Inc. and it’s designated Broker 
against any claim, action or lawsuit of any kind. These shall include 
the following: any loss, judgment, or expense, including attorneys’ 
fees, arising from or relating in any way to the resolution of said 
dispute.
21. BROKER DATABASE OF BUYER/SELLER LEADS – Contractors Leads in Brokers
 database of leads are the property of the Contractor provided the 
Contractor has paid in full for such leads or the leads have been 
generated via the Contractors sole efforts.  Leads in Brokers database 
of leads that have been co-funded by the Broker with the Contractor will
 be divided upon the pro rata funding of such leads.  Contractor leads 
paid for or generated by the Broker are the property of the Broker.  
There is no time expiration regarding a lead being subject to a referral
 fee. A lead will continue to generate a referral fee for two years 
after the leads first closing with Dalton Wade.
22. TERMINATION OF AGREEMENT – This Agreement may be terminated 
immediately by Broker for cause, or upon three calendar days written 
notice by Broker or Contractor. Contractor agrees that a violation of 
any of Contractor’s obligations hereunder shall constitute cause for 
immediate termination of this Agreement. In the event this Agreement is 
terminated by Broker for cause, Contractor agrees that any ongoing 
obligations of Contractor hereunder shall survive the termination of 
this Agreement.
23. ACCEPTANCE OF THIS AGREEMENT – Effective upon your acceptance of 
this agreement and all necessary documents and/or information have been 
received by Broker; you as the “Contractor” become an Independent 
Contractor for Dalton Wade, Inc.
By accepting this agreement you indicate you have read, understand and 
agree to be bound by this agreement. You also agree to the terms and 
conditions of the entire agreement with no modifications.
All parties to this agreement are bound in accordance with Dalton Wade, 
Inc. policy and procedures manual and as amended in the future.
Dalton Wade, Inc. reserves the right to modify this agreement and will 
notify all agents via email.
The undersigned agree to the terms and conditions set forth above and 
acknowledge receipt of a copy hereof.