Fill and Sign the Exclusive Agency Agreement Form

EXCLUSIVE AGENCY AGREEMENT This agreement is entered into by and between __________________ , hereinafter referred to as "Company", and __________________ , hereinafter referred to as "Agent". For and in consideration of the mutual promises contained herein, the Company and Agent do hereby covenant, contract and agree as follows: 1. AGENCY : Subject to the terms of this agreement, Company does hereby appoint Agent as its exclusive agent for the following purposes: (a) {       }; and (b) {       }. 2. RELATIONSHIP : Company and Agent agree that agent is an independent contractor and shall pay his or her own employment, income and other taxes as well as all insurance. 3. DUTIES : Agent shall perform the following duties in reference to this agreement: (a) [state specific duties] ; and (b) Use his or her best efforts and abilities to ______________ . Agent shall represent, advise and assist Company in the _______________ . Agent shall not be authorized to bind Company to any agreements until Agent obtains the written consent to same by _____________ of the Company. 4. COMPENSATION : Company shall pay unto Agent for his or her services the following: (a) [state how compensation to be paid] ; (b) [state when amounts to be paid.] 5. EXPENSES : As part of the compensation to Agent, Company shall also be reimbursed for the following expenses: (a) [state expenses to be paid] - 1 - 6. EXCLUSIONS : Excluded from this agreement are all existing advertising agreements in place at the time of the execution of this agreement. 7. TERM : This agreement shall extend for a period of _________ from the date hereof. 8. RENEWAL : This agreement shall be automatically renewed in ___________ increments unless either party gives _______ days written notice to the other prior to the expiration of any contract period of their intent not to renew. 9. MODIFICATION : This agreement may not be modified except by amendment reduced to writing and signed by both Company and Agent. No waiver of this agreement shall be construed as a continuing waiver or consent to any subsequent breach thereof. 10. NOTICES : All notices hereunder shall be effective if sent by certified mail, postage prepaid, return receipt request to __________________ at __________________ , or to __________________ at __________________ . 11. ENTIRE AGREEMENT : This agreement constitutes the entire agreement between the parties hereto and replaces and supercedes all prior agreements between the parties relating to this same subject matter. 12. GOVERNING LAW : This agreement shall be construed in accordance with the laws of the State of _________ . 13. PARTIAL INVALIDITY : In the event any provision hereof shall be for any reason illegal or unenforceable, the same shall not effect the validity or enforceability of the reaming provisions. 14. ATTORNEY FEES : In the event that the agreements become subject to litigation between the parties hereto, the parties agree that the prevailing party shall be entitled to an award of attorney's fees, costs and the prevailing statutory interest from the other - 2 - party. 15. INDEPENDENT COUNSEL : The parties hereto further represent that they have had the opportunity to obtain independent legal counsel before entering this agreement. 16. FURTHER DOCUMENT : The parties further agree that if any other provisions or agreements are necessary to enforce the intent of this document, that both parties will execute same upon request. This agreement entered into this the ____ day of _________ , 20 __ . Company ______________________________ Agent ______________________________ STATE OF __________________ COUNTY OF __________________ PERSONALLY came and appeared before me, the undersigned in and for the jurisdiction aforesaid, the within named __________________ in the above and foregoing instrument of writing, who acknowledged to me that she signed and delivered the above foregoing instrument of writing on the day and in the year and for the purposes therein mentioned. GIVEN under my hand and official seal of office on this the ____ day of _________ , 20 __ . __________________________ NOTARY PUBLIC My Commission Expires: ______________________ - 3 - STATE OF __________________ COUNTY OF __________________ PERSONALLY came and appeared before me, the undersigned in and for the jurisdiction aforesaid, the within named __________________ in the above and foregoing instrument of writing, who acknowledged to me that she signed and delivered the above foregoing instrument of writing on the day and in the year and for the purposes therein mentioned. GIVEN under my hand and official seal of office on this the ____ day of _________ , 20 __ . __________________________ NOTARY PUBLIC My Commission Expires: ______________________ - 4 -