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Agreement between Travel Agent and Hotel Owner to Sell Lodging at Hotel in Return for a Commission Agreement made on the ______________________________________ (date), between _________________________________________ (Name of Travel Agent) of ________________________________________________________________________ ________________________________________________________________________ (street address, city, county, state, zip code) , referred to herein as Agent, and ________________________________________________ (Name of Hotel Owner), a corporation organized and existing under the laws of the state of ___________________, with its principal office located at ____________________________________________ ____________________________________________________________________________________ (street address, city, county, state, zip code) , referred to herein as Owner. Whereas, Owner owns a Hotel located at ________________________________ ____________________________________________________________________________________ (street address, city, county, state, zip code) , hereinafter called Hotel; and Whereas, Agent is an independent travel agent and Owner desires to retain the services of Agent pursuant to the terms of this Agreement; Now, therefore, for and in consideration of the mutual covenants contained in this agreement, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: 1. Term of Agreement Owner hereby retains Agent to act as an independent outside salesperson, and Agent agrees to act in such a capacity on behalf of Owner for a period of (e.g., one year) _____________________________ from the date of this Agreement. 2. Duties of Agents Agent is being retained by Owner as an independent contractor to sell lodging to the public at Hotel. 3. Compensation of Agent As compensation for the services rendered under this Agreement, Agent shall be entitled to receive from Owner the commissions described and set forth in Exhibit A attached hereto and initialed by each party 4. Method of Payment Agent shall be paid monthly by Owner. Owner shall, within 10 days after the end of each month, provide Agent with a statement of all commissions earned by Agent during the previous month. Said commissions shall be paid by Owner to Agent no later than 15 days after the end of the previous month. 5. Examination of BooksAgent shall have the right, either personally or by accountant retained and paid by the Agent, at times mutually convenient to Owner and Agent, but in any event at least once during each half of the calendar year, to examine books and accounts of Owner insofar as they relate to transactions affecting the amount of the Agent’s compensation. 6. Independent Contractor Status of Agent The parties intend that an independent contractor-employer relationship will be created by this Agreement. Owner is interested only in the results to be achieved and the conduct and control of the work will lie solely with Agent. Agent is not to be considered an employee of Owner for any purpose and Agent is not entitled to any of the benefits that Owner provides for Owner’s employees. It is understood that Agent is free to contract for similar services to be performed for others while under contract with Owner. Agent has no authority to enter into any agreement for or on behalf of Owner. 7. Agent agrees to be fully responsible for complying with all federal, state, and local laws in connection with performance of this Agreement, including, but not limited to, payment of any estimated or other federal, state, or local income taxes, payment of applicable charges for social security, FICA, worker's compensation and obtaining any required state or local licenses or registration as a self-employed travel agent. 8. No Waiver The failure of either party to this Agreement to insist upon the performance of any of the terms and conditions of this Agreement, or the waiver of any breach of any of the terms and conditions of this Agreement, shall not be construed as subsequently waiving any such terms and conditions, but the same shall continue and remain in full force and effect as if no such forbearance or waiver had occurred. 9. Governing Law This Agreement shall be governed by, construed, and enforced in accordance with the laws of the State of _______________________. 10. Notices Any notice provided for or concerning this Agreement shall be in writing and shall be deemed sufficiently given when sent by certified or registered mail if sent to the respective address of each party as set forth at the beginning of this Agreement. 11. Mandatory Arbitration Any dispute under this Agreement shall be required to be resolved by binding arbitration of the parties hereto. If the parties cannot agree on an arbitrator, each party shall select one arbitrator and both arbitrators shall then select a third. The third arbitrator so selected shall arbitrate said dispute. The arbitration shall be governed by the rules of the American Arbitration Association then in force and effect. 12. Entire Agreement This Agreement shall constitute the entire agreement between the parties and any prior understanding or representation of any kind preceding the date of this Agreement shall not be binding upon either party except to the extent incorporated in this Agreement. 13. Modification of Agreement Any modification of this Agreement or additional obligation assumed by either party in connection with this Agreement shall be binding only if placed in writing and signed by each party or an authorized representative of each party. 19. Assignment of Rights The rights of each party under this Agreement are personal to that party and may not be assigned or transferred to any other person, firm, corporation, or other entity without the prior, express, and written consent of the other party. 20. Counterparts This Agreement may be executed in any number of counterparts, each of which shall be deemed to be an original, but all of which together shall constitute but one and the same instrument. WITNESS our signatures as of the day and date first above stated. ____________________________________ (Name of Hotel Owner) __________________________________ By: ________________________________ (Printed or typed name) (Printed or typed name) ___________________________________ ____________________________________ (Signature of Travel Agent) ____________________________________ (Name and Office in Corporation)