Fill and Sign the Auctioneer Contract Form

AUCTIONEER SERVICES CONTRACT THIS AGREEMENT executed on this the       day of       , 20       , by and between       (hereinafter "Employer"), and       (hereinafter "Auctioneer"). NOW, THEREFORE, FOR AND IN CONSIDERATION of the mutual promises and agreements contained herein, Employer hires Auctioneer, and Auctioneer agrees to work for Employer under the terms and conditions hereby agreed upon by the parties: SECTION 1- WORK TO BE PERFORMED 1.1 Term . Employer agrees to hire Auctioneer, to perform the services and work as stated in section 1.2 of this agreement. 1.2 Duties . Auctioneer agrees to perform work for the Employer on the terms and conditions set forth in this agreement, as follows:       1.3 Completion Date . The work to be performed shall be complete on or before the       day of       20 ____ unless extended by Employer, in his/her discretion. 1.4 Liquidated Damages. The following shall be construed as liquidated damages only and shall not in any way be deemed a penalty, but only a reasonable estimate of either the anticipated or the actual loss from breach of this Agreement In the event the work is not performed timely as specifed herein, Employer shall be entitled to deduct $       per day from the compensation due Auctioneer as liquidated damages. SECTION 2 - COMPENSATION - 1 – 2.1 Compensation . In consideration of all services to be rendered by Auctioneer to the Employer, the Employer shall pay to the Auctioneer the sum of $       . Said compensation shall be paid: daily weekly monthly upon full completion other specify terms:       2.2 Withholding . Auctioneer is an Independent Auctioneer and shall be responsible for his/her own income taxes, worker’s compensation and other employment taxes. SECTION 3 - INDEPENDENT AUCTIONEER STATUS Auctioneer acknowledges that he is an independent Auctioneer and is not an agent, partner, joint venturer nor employee of Employer. Auctioneer shall have no authority to bind or otherwise obligate Auctioneer in any manner nor shall Auctioneer represent to anyone that it has a right to do so. SECTION 4 - REPRESENTATIONS OF WARRANTIES OF AUCTIONEER 4.1 Auctioneer represents and warrants to the Employer regarding the work to be performed as follows:       4.2 Auctioneer represents that he/she is free to enter into this Agreement, and that this engagement does not violate the terms of any agreement between Auctioneer and any third party. During the term of the agreement, Auctioneer shall devote as much productive time, energy and abilities as is needed and necessary to perform the required - 2 – duties in a timely and productive manner. Auctioneer is expressly free to perform services for other parties while performing services for Employer. SECTION 5 - MISCELLANEOUS PROVISIONS 5.1 The provisions of this Agreement shall be binding upon and for the beneft of the heirs, personal representatives, successors and assigns of the parties. 5.2 In the event of a default under this Agreement, the defaulted party shall reimburse the non-defaulting party or parties for all costs and expenses reasonably incurred by the non-defaulting party or parties in connection with the default, including without limitation, attorney's fees. Additionally, in the event a suit or action is fled to enforce this Agreement or with respect to this Agreement, the prevailing party or parties shall be reimbursed by the other party for all costs and expenses incurred in connection with the suit or action, including without limitation, reasonable attorney's fees at the trial level and on appeal. 5.3 No waiver of any provision of this Agreement shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by the party making the waiver. 5.4 This Agreement shall be governed by and shall be construed in accordance with the laws of the State of       . 5.5 This Agreement constitutes the entire agreement between the parties pertaining to its subject matter and it supersedes all prior contemporaneous agreements, representations and understandings of - 3 – the parties. No supplement, modifcation or amendment of this Agreement shall be binding unless executed in writing by all parties. 5.6 If any provision of this Agreement is held unenforceable, then such provision will be modified to reflect the parties' intention. All remaining provisions of this Agreement shall remain in full force and effect. 5.7 Auctioneer agrees to indemnify, defend, and hold Employer and his/her/their successors, officers, directors, agents and employees harmless from any and all actions, causes of action, claims, demands, cost, liabilities, expenses and damages (including attorneys' fees) arising out of, or in connection with any breach of this Agreement by Auctioneer. 5.8 Employer may terminate this Agreement at any time by providing       days’ written notice to Auctioneer. In addition, if Auctioneer fails or refuses to comply with the policies or reasonable directives of Employer, is guilty of serious misconduct in connection with his/her performance hereunder, or materially breaches any provisions of this Agreement, Employer may at any time and in its sole discretion terminate the engagement of Auctioneer immediately and without prior written notice to Auctioneer. 5.9 Auctioneer shall not assign any of his/her rights under this agreement, or delegate the performance of any of his/her duties hereunder, without the express written prior consent of Employer. WITNESS OUR SIGNATURES, this the       day of       , 20       . - 4 – _______________________________ EMPLOYER _______________________________ AUCTIONEER - 5 –