[{"data":1,"prerenderedAt":515},["ShallowReactive",2],{"document-brokerage-agreement-D12696":3},{"document":4,"label":21,"preview":11,"thumb":22,"description":23,"descriptionCustom":6,"apiDescription":5,"pages":8,"extension":10,"parents":24,"breadcrumb":28,"related":34,"customDescModule":174,"customdescription":23,"mdFm":175,"mdProseHtml":514},{"description":5,"descriptionCustom":6,"label":7,"pages":8,"size":9,"extension":10,"preview":11,"thumb":12,"svgFrame":13,"seoMetadata":14,"parents":16,"keywords":15},"BROKERAGE AGREEMENT This Brokerage Agreement (\"Agreement\") is made and effective the [DATE], BETWEEN: [COMPANY NAME], (the \"Customer\"), a corporation organized and existing under the laws of [STATE], with its head office located at: [COMPLETE ADDRESS] AND: [COMPANY NAME] (the \"Broker\"), a corporation organized and existing under the laws of [STATE], with its head office located at: [COMPLETE ADDRESS] WHEREAS, Customer desires to purchase/sell [SPECIFY]. WHEREAS, Broker desires to provide sales and marketing services on behalf of [COMPANY NAME] for a commission. WHEREAS, Customer desires to have Broker render certain sales, marketing and advertising services. WHEREAS the broker has contacts and expertise in the [SPECIFY] industry and wishes to act as an intermediary for [SPECIFY] to facilitate the Customer's transaction. In consideration of the terms of this agreement, and other valuable consideration, the parties agree as follows: LEGAL COMPLIANCE As stipulated in the following industry: [SPECIFY], the Broker must comply with all applicable laws and regulations and must have obtained all appropriate and necessary licenses to provide brokerage services. Broker is responsible for maintaining all his licenses, fees, expenses or other related business obligations Broker incurs and Customer shall not be responsible for any expense or obligation incurred by Broker in the execution of this Agreement or the rendering of the Services. SCOPE OF AGREEMENT Broker shall use reasonable effort to [SPECIFY] in accordance with the legislation and policies of [COMPANY NAME]. Broker shall use reasonable time and efforts to find buyers/sellers for the following product or services [SPECIFY]. TERM AND TERMINATION The term of this Agreement shall begin on the Effective Date and shall end [SPECIFY]. EXCLUSIViTY During the term of this Agreement, the Broker will have the exclusive right to introduce potential buyers/sellers who are not already known to the Customer. COMMISSION The commission rate shall be [SPECIFY] % of the net value of the product/service bought/sold by the Customer, as a direct result of an introduction, which is consistent with similar transactions in the industry. The Customer having the right of final approval of the deal For the purpose of this Agreement, net commission shall mean the commission after fees and deductions are applied. Deductions may include but are not limited to: agreed upon marketing and advertising costs, unpaid balances owed to Customer from Broker, taxes, fees, transaction fees, credit card fees, NSF fees, courier fees, reductions due to error or omissions, or fees for any incentive program that the Broker voluntarily participates in. All settlement closing dates determine when commissions and deductions shall be applied. Customer shall not be responsible for commissions and compensation earned by Broker for sales that are later canceled, returned, revoked, made invalid, result in a chargeback or are otherwise not credited to the Broker for any reason. Customer reserves the right to deduct commissions and fees paid to Broker from future commissions in order to bring incorrect commissions paid to Broker into balance. PAYMENT OF COMMISSION Payment of commission will be computed on transactions in the calendar month and made after the closing thereof. Acceptable forms of payment include the following [SPECIFY]. OWNERSHIP RIGHTS Broker shall endeavor to ensure that Customer shall be able to retain, under the fullest extent under the law, all customer lists, contracts, records and all intellectual property rights in any text, images or other components created for Customer pursuant to this Agreement. Broker agrees that any material, content, plan or idea prepared by Broker or submitted to Customer for approval at any stage which is not utilized at the termination of this Agreement shall remain the property of Customer. Upon termination or expiration of this Agreement, Broker agrees to be solely responsible for returning any Customer materials, process documents, customer lists, contract lists, internal documents or advertisements",null,"Brokerage Agreement","4",513,"doc","https://templates.business-in-a-box.com/imgs/1000px/brokerage-agreement-D12696.png","https://templates.business-in-a-box.com/imgs/250px/12696.png","https://templates.business-in-a-box.com/svgs/docviewerWebApp1.html?v6#12696.xml",{"title":15,"description":6},"brokerage agreement",[17,20],{"label":18,"url":19},"Legal Agreements","/templates/business-legal-agreements/",{"label":18,"url":19},"Brokerage Agreement Template","https://templates.business-in-a-box.com/imgs/400px/12696.png","\u003Ch4>Understanding Brokerage Agreements\u003C/h4>\n\u003Cp>Brokerage agreements are contractual agreements between a broker and a client that outline the terms and conditions under which the broker will provide brokerage services. These agreements are essential in facilitating transactions in various financial markets, such as stocks, bonds, commodities, and real estate. Understanding the key components and considerations of brokerage agreements is crucial for both brokers and clients to ensure a mutually beneficial and legally compliant relationship. In this article, we will delve into the details of brokerage agreements, their importance, and provide guidance on understanding and negotiating these agreements effectively.\u003C/p>\n\u003Ch5>What is a Brokerage Agreement?\u003C/h5>\n\u003Cp>A brokerage agreement, also known as a brokerage contract or client agreement, is a legally binding document that establishes the relationship between a broker or brokerage firm and a client. It sets forth the terms and conditions under which the broker will provide services, including buying and selling securities or other financial instruments on behalf of the client. The agreement typically covers areas such as the scope of services, fees and commissions, responsibilities of both parties, confidentiality, and dispute resolution mechanisms.\u003C/p>\n\u003Ch5>Importance of Brokerage Agreements\u003C/h5>\n\u003Cp>Brokerage agreements serve several crucial purposes for both brokers and clients:\u003C/p>\n\u003Cul>\n\u003Cli>\u003Cstrong>Clarity and Understanding:\u003C/strong> A well-drafted brokerage agreement provides clarity and ensures that both parties have a clear understanding of their rights, obligations, and the scope of services to be provided. It helps prevent misunderstandings and potential disputes by establishing a common understanding from the outset.\u003C/li>\n\u003Cli>\u003Cstrong>Legal Compliance:\u003C/strong> Brokerage agreements help ensure compliance with relevant laws and regulations governing the brokerage industry. These agreements outline the legal obligations of both the broker and the client, including the duty to act in the client's best interest, proper handling of client funds, and adherence to anti-money laundering and know-your-customer regulations.\u003C/li>\n\u003Cli>\u003Cstrong>Risk Management:\u003C/strong> Brokerage agreements often include provisions related to risk disclosure and disclaimers. These provisions inform clients about the risks associated with investing or trading in financial markets and may require clients to acknowledge and accept such risks. By clearly outlining the risks involved, brokerage agreements help manage expectations and minimize the potential for disputes or liability.\u003C/li>\n\u003Cli>\u003Cstrong>Fee Structure and Compensation:\u003C/strong> The agreement outlines the fees, commissions, or other compensation arrangements between the broker and the client. This includes details about the broker's commission structure, any additional charges or expenses, and how these fees will be calculated and paid. Clear fee provisions help prevent misunderstandings and ensure fair compensation for the broker's services.\u003C/li>\n\u003Cli>\u003Cstrong>Confidentiality and Privacy:\u003C/strong> Brokerage agreements often include confidentiality provisions to protect the client's personal and financial information. These provisions outline the broker's responsibilities to safeguard client data and restrict the use or disclosure of confidential information except as required by law or with the client's consent.\u003C/li>\n\u003Cli>\u003Cstrong>Dispute Resolution:\u003C/strong> Brokerage agreements typically include clauses related to dispute resolution, such as arbitration or mediation. These provisions establish mechanisms for resolving disputes that may arise between the broker and the client, offering an alternative to litigation and potentially reducing costs and delays.\u003C/li>\n\u003C/ul>\n\u003Ch5>Key Components of a Brokerage Agreement\u003C/h5>\n\u003Cp>While the specific terms and provisions of brokerage agreements can vary depending on the broker, the type of services offered, and the jurisdiction, several key components are commonly found in these agreements:\u003C/p>\n\u003Cul>\n\u003Cli>\u003Cstrong>Parties:\u003C/strong> The agreement should clearly identify the broker or brokerage firm and the client by their legal names. This section may also include contact information and any relevant licensing or registration details.\u003C/li>\n\u003Cli>\u003Cstrong>Scope of Services:\u003C/strong> The agreement should describe the services to be provided by the broker, including the types of investments or transactions the broker is authorized to undertake on behalf of the client. It should also outline any limitations or restrictions on the broker's activities.\u003C/li>\n\u003Cli>\u003Cstrong>Fees and Commissions:\u003C/strong> The agreement should specify the fees, commissions, or other compensation arrangements between the broker and the client. It should detail how these fees will be calculated, when they are payable, and any additional charges or expenses that may be incurred.\u003C/li>\n\u003Cli>\u003Cstrong>Responsibilities and Duties:\u003C/strong> The agreement should outline the responsibilities and duties of both the broker and the client. This may include the broker's duty to act in the client's best interest, the client's obligation to provide accurate information, and any reporting requirements.\u003C/li>\n\u003Cli>\u003Cstrong>Duration and Termination:\u003C/strong> The agreement should specify the duration of the relationship and the conditions under which either party can terminate the agreement. This may include notice periods, termination fees, or other provisions related to the termination process.\u003C/li>\n\u003Cli>\u003Cstrong>Risk Disclosure:\u003C/strong> The agreement should include a section that clearly discloses the risks associated with investing or trading in financial markets. This section may outline the potential risks, such as market volatility, liquidity risks, or the risk of loss of principal, and require the client's acknowledgment and acceptance of these risks.\u003C/li>\n\u003Cli>\u003Cstrong>Confidentiality and Privacy:\u003C/strong> The agreement should address the confidentiality and privacy obligations of the broker. It should outline the broker's responsibilities to protect the client's personal and financial information and any exceptions or circumstances in which disclosure may be required.\u003C/li>\n\u003Cli>\u003Cstrong>Dispute Resolution\u003C/strong>: The agreement should include a clause that outlines the mechanism for resolving disputes, such as arbitration or mediation. This section may specify the applicable rules and procedures for dispute resolution and the jurisdiction governing the agreement.\u003C/li>\n\u003C/ul>\n\u003Ch5>Negotiating a Brokerage Agreement\u003C/h5>\n\u003Cp>Negotiating a brokerage agreement requires careful consideration of the terms and provisions that are most important to both parties. Here are some key points to keep in mind during the negotiation process:\u003C/p>\n\u003Cul>\n\u003Cli>\u003Cstrong>Understand Your Needs:\u003C/strong> Before entering into negotiations, clearly define your needs, expectations, and objectives. Consider factors such as the type of investments or services required, the level of support and communication expected from the broker, and any specific preferences or concerns.\u003C/li>\n\u003Cli>\u003Cstrong>Research and Compare:\u003C/strong> Conduct thorough research to understand the prevailing market practices, fees, and services offered by different brokers. This will enable you to compare and evaluate the terms proposed by different brokers and negotiate from a position of knowledge and understanding.\u003C/li>\n\u003Cli>\u003Cstrong>Review and Seek Advice:\u003C/strong> Carefully review the terms and provisions of the brokerage agreement. If necessary, seek advice from legal or financial professionals who can provide guidance and ensure that the agreement meets your needs and complies with relevant laws and regulations.\u003C/li>\n\u003Cli>\u003Cstrong>Be Clear and Specific:\u003C/strong> During negotiations, clearly communicate your requirements and expectations to the broker. Be specific about the services, fees, and any additional provisions that are important to you. This will help ensure that the agreement accurately reflects your needs and reduces the potential for misunderstandings.\u003C/li>\n\u003Cli>\u003Cstrong>Seek Flexibility:\u003C/strong> While it is important to be clear about your requirements, also be open to negotiations and flexibility. Consider the broker's perspective and constraints, and be willing to find mutually beneficial solutions that address both parties' interests.\u003C/li>\n\u003Cli>\u003Cstrong>Review and Revise:\u003C/strong> After initial negotiations, carefully review the draft agreement to ensure that all agreed-upon terms and provisions are accurately reflected. Be prepared to revise the agreement and seek clarification on any ambiguous or unclear provisions.\u003C/li>\n\u003Cli>\u003Cstrong>Seek Legal Review:\u003C/strong> Before signing the agreement, consider seeking legal review to ensure that the terms are legally valid, enforceable, and protect your interests. Legal professionals can provide advice on potential risks, suggest modifications, and help negotiate any necessary changes.\u003C/li>\n\u003C/ul>\n\u003Ch5>Brokerage Agreement Templates in Business in a Box\u003C/h5>\n\u003Cp>Business in a Box is a comprehensive online library of legal and business document templates designed to simplify the process of creating professional documents. It offers a wide range of brokerage agreement templates that cover various scenarios and industries. Some of the most popular brokerage agreements available include, \u003Ca href=\"https://www.business-in-a-box.com/template/exclusive-tenant-brokerage-agreement-D12829/\">Exclusive Tenant Brokerage Agreement\u003C/a>, \u003Ca href=\"https://www.business-in-a-box.com/template/artist-agent-agreement-D857/\">Artist-Agent Agreement\u003C/a>,  \u003Ca href=\"https://www.business-in-a-box.com/template/sales-agency-agreement-D1254/\">Sales Agency Agreements\u003C/a>, \u003Ca href=\"https://www.business-in-a-box.com/template/marketing-agency-agreement-D12852/\">Marketing Agency Agreement\u003C/a> and many more.\u003C/p>\n\u003Ch5>Conclusion\u003C/h5>\n\u003Cp>Understanding brokerage agreements is crucial for both brokers and clients to establish a clear and mutually beneficial relationship. These agreements provide the framework for the provision of brokerage services, define the rights and obligations of both parties, and ensure compliance with applicable laws and regulations. By carefully reviewing, negotiating, and understanding the terms and provisions of brokerage agreements, brokers and clients can establish a solid foundation for their business relationship and mitigate potential risks and disputes.\u003C/p>\n",[25,17,20],{"label":26,"url":27},"Templates","/templates/",[29,30,31],{"label":26,"url":27},{"label":18,"url":19},{"label":32,"url":33},"Distribution & Channel","/templates/distribution-and-channel/",[35,39,43,47,51,55,59,63,67,71,75,79,83,98,114,133,148,161],{"label":36,"url":37,"thumb":38,"extension":10},"Exclusive Tenant Brokerage Agreement","/template/exclusive-tenant-brokerage-agreement-D12829","https://templates.business-in-a-box.com/imgs/250px/12829.png",{"label":40,"url":41,"thumb":42,"extension":10},"Artist-Agent Agreement","/template/artist-agent-agreement-D857","https://templates.business-in-a-box.com/imgs/250px/857.png",{"label":44,"url":45,"thumb":46,"extension":10},"International Agent Agreement","/template/international-agent-agreement-D13520","https://templates.business-in-a-box.com/imgs/250px/13520.png",{"label":48,"url":49,"thumb":50,"extension":10},"Advertising Agency Agreement","/template/advertising-agency-agreement-D1223","https://templates.business-in-a-box.com/imgs/250px/1223.png",{"label":52,"url":53,"thumb":54,"extension":10},"Marketing Agency Agreement","/template/marketing-agency-agreement-D12852","https://templates.business-in-a-box.com/imgs/250px/12852.png",{"label":56,"url":57,"thumb":58,"extension":10},"Sales Agency Agreement","/template/sales-agency-agreement-D1254","https://templates.business-in-a-box.com/imgs/250px/1254.png",{"label":60,"url":61,"thumb":62,"extension":10},"Employment Agency Agreement","/template/employment-agency-agreement-D157","https://templates.business-in-a-box.com/imgs/250px/157.png",{"label":64,"url":65,"thumb":66,"extension":10},"Fiscal Agency Agreement","/template/fiscal-agency-agreement-D13976","https://templates.business-in-a-box.com/imgs/250px/13976.png",{"label":68,"url":69,"thumb":70,"extension":10},"Agency Agreement Corporate Duties","/template/agency-agreement-corporate-duties-D851","https://templates.business-in-a-box.com/imgs/250px/851.png",{"label":72,"url":73,"thumb":74,"extension":10},"Exclusive Buyer Agency Agreement","/template/exclusive-buyer-agency-agreement-D12824","https://templates.business-in-a-box.com/imgs/250px/12824.png",{"label":76,"url":77,"thumb":78,"extension":10},"Chief Agent Agreement Short Form","/template/chief-agent-agreement-short-form-D865","https://templates.business-in-a-box.com/imgs/250px/865.png",{"label":80,"url":81,"thumb":82,"extension":10},"Sales Agency Agreement With Trademarks protection","/template/sales-agency-agreement-with-trademarks-protection-D1255","https://templates.business-in-a-box.com/imgs/250px/1255.png",{"description":84,"descriptionCustom":6,"label":85,"pages":86,"size":9,"extension":10,"preview":87,"thumb":88,"svgFrame":89,"seoMetadata":90,"parents":92,"keywords":96,"url":97},"CONCESSION AGREEMENT This Concession Agreement (\"Agreement\") is made and effective this [Date], BETWEEN: [COMPANY NAME] (the \"Lessor\"), a company organized and existing under the laws of the [State/Province] of [STATE/PROVINCE], with its head office located at: [YOUR COMPLETE ADDRESS] AND: [VENDOR NAME] (the \"Lessee\"), an individual with his main address located at OR a company organized and existing under the laws of the [State/Province] of [STATE/PROVINCE], with its head office located at: [COMPLETE ADDRESS] Whereas, [COMPANY NAME], the Lessor, entered into a Concession Agreement (\"Agreement\") whereby the Lessor granted the Lessee certain rights to sell [SPECIFY] at [SPECIFY LOCATION] and other facilities operated by the Lessor for a term of [SPECIFY] years. THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is acknowledged, the Lessor and the Lessee agree as follows: TERM The concession shall remain in full force and effect for [SPECIFY] years from [MONTH/DAY/YEAR], therefore, the contract shall expire on [MONTH/DAY/YEAR]. Upon termination of the Concession, as a result of either the expiration of the contract term or early termination, the Lessee agrees to cease its activities and return the [OFFICE/SPACE] to the Lessor, as set forth in section 11 hereof. Should the Lessee continue exploiting the concession after its expiration or rescission, this shall not be construed as an implicit extension or automatic renewal. In the event of delay or lateness on the part of the Lessee in returning the [OFFICE/SPACE], an automatic penalty equal to twice the concession price in force at the time of the delay shall be imposed for each day of delay, applied pro rata for the time. PURPOSES OF THE CONCESSION The Concessionaire shall have the following obligations: [SPECIFY] [SPECIFY] [SPECIFY] LOCATION The Lessor hereby grants to the Lessee who, in turn, accepts, the concession granting the exclusive right to use and enjoy the area located in [SPECIFY], with an approximate surface of [SPECIFY].The office/space activities subject to authorization shall comprise the following: [SPECIFY]. In no case shall the Lessee change, without the Lessor's prior express authorization, the subject-matter of the concession by introducing new products, services and/or activities different from those listed above hereof. The Concession Agreement also provides for the exclusive use and enjoyment of [SPECIFY] indefinite parking lots, located [SPECIFY]. GRANTED AREA The Lessor hereby temporarily grants the [OFFICE/SPACE] to the Lessee in good conditions, with the consent of the Lessee. Moreover, the Lessor agrees, upon transferring possession, to deliver the [OFFICE/SPACE] with: [SPECIFY], all these duly installed and functioning, as agreed with the Lessor. All improvements made by the Lessee to the [OFFICE/SPACE] during the life of this agreement shall benefit the Lessor, except for movables owned by the Lessee which may be removed by the Lessee at its own expense. However, in all cases the Lessee may choose to remove all improvements and return the [OFFICE/SPACE] as received, except for ceilings and the air conditioning system which will become a fixture. CONCESSION PRICE The PARTIES agree that the basic monthly price of the concession (\"The Monthly Fee\") shall be paid by the Lessee to the Lessor in increasing payments for the different periods of this agreement, as detailed below: During the first twelve months of the contract term, that is, from [MONTH/DAY/YEAR] to [MONTH/DAY/YEAR], as the case may be, the Lessee shall pay a basic monthly price amounting to US$ [AMOUNT] per month plus VAT. During the 13th and 24th months of the concession, that is, from [MONTH/DAY/YEAR] (months 13 to 24), as the case may be, the Lessee shall pay a MONTHLY FEE of US$ [AMOUNT] per month plus VAT. During the 25th and 36th months of the concession, that is, from [MONTH/DAY/YEAR] (months 25 to 36), as the case may be, the Lessee shall pay a MONTHLY FEE of US$ [AMOUNT] per month plus VAT. During the 37th and 48th months of the concession, that is, from [MONTH/DAY/YEAR] (months 37 to 48), as the case may be, the Lessee shall pay a MONTHLY FEE of US$ [AMOUNT] per month plus VAT. During the 49th and 60th months of the concession, that is, from [MONTH/DAY/YEAR] (months 49 to 60), as the case may be, the Lessee shall pay a MONTHLY FEE of US$ [AMOUNT] per month plus VAT. The agreed concession price as well as any other amounts to be paid by the Lessee shall be paid each month in advance, within the first five days of each month at the address of the Lessor located at [SPECIFY]. Failure to pay the Monthly Fee for two (2) periods shall entitle the Lessor after requesting the Lessee to make such payments within ten (10) business days, to deem this Agreement terminated, and therefore claim the restitution of the [OFFICE/SPACE] within the following forty-eight (48) hours, the payment of any amounts owed for any reason, plus interest and expenses, either by filing ordinary or summary proceedings at its own discretion, as well as compensation for any direct damage sustained. INSURANCE The Lessee agrees to take out and keep in force, at its own expense, the insurance policies set forth below, whose effective term shall cover the entire Term of this Agreement. The Lessee shall timely pay all premiums resulting from such policies and shall make available to the Lessor copies of the certificates of such policies, together with the premium payment receipts, when requested and within forty-eight hours. The Lessee hereby evidences to have taken out fire insurance plus third-party liability for adjacent premises in an amount of US$ [AMOUNT] plus comprehensive third-party liability insurance in an amount of US$ [AMOUNT]. In addition, the Lessee must take out third-party liability insurance whose insured amount and coverage hold the insured harmless against any amount owed to third parties as a result of tort liability incurred while exercising its activity. Such insurance must include coverage against the typical risks involved in the business carried out by the Lessee within the [OFFICE/SPACE], as well as other risks such as fire, electrical discharge, and gas leaks; water boilers; cash in transit insurance if relevant to the Lessee's activity; signs and/or similar objects; steam installations, hot water or oil, food supply (if necessary for its activity); drain damage; goods loading and unloading; Contractor and Subcontractor; Damage caused to adjacent premises, including damage caused by a leaking in the building. The Lessee must take out fire insurance whose insured amount must cover: fire, lightning and/or explosion; riots; lock-outs; other acts of vandalism, terrorism and/or malice; aircraft impact, land vehicles, their components and/or loads; supplemental building and installations. The Lessee shall take out insurance with highly renowned Insurance Companies in the market. EXPENSES AND MAITENANCE FEES","Concession Agreement","5","https://templates.business-in-a-box.com/imgs/1000px/concession-agreement-D12698.png","https://templates.business-in-a-box.com/imgs/250px/12698.png","https://templates.business-in-a-box.com/svgs/docviewerWebApp1.html?v6#12698.xml",{"title":91,"description":6},"concession agreement",[93,95],{"label":18,"url":94},"business-legal-agreements",{"label":18,"url":94},"agency agreement","/template/agency-agreement-D12698",{"description":99,"descriptionCustom":6,"label":100,"pages":101,"size":9,"extension":10,"preview":102,"thumb":103,"svgFrame":104,"seoMetadata":105,"parents":107,"keywords":112,"url":113},"INVENTION AGREEMENT This Invention Agreement (the \"Agreement\") is effective [DATE], BETWEEN: [FIRST PARTY NAME], (the \"Company\") a company organized and existing under the laws of the [State/Province] of [STATE/PROVINCE], with its head office located at: [YOUR COMPLETE ADDRESS] AND: [SECOND PARTY NAME], (the \"Employee\") an individual with his main address located at: [YOUR COMPLETE ADDRESS] NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS: CONFIDENTIAL INFORMATION Company Information. The Employee at all times during the term of employment and after termination, is to hold in the strictest confidence, and not to use, except for the benefit of the Company, or to disclose to any person, corporation or other entity without written consent of the Company, any Confidential Information. \"Confidential Information\" means any Proprietary or Confidential Information of the Company, its affiliates, their clients, customers or their partners, and the Company's licensors, including, without limitation, technical data, trade secrets, research and development information, product plans, services, customer lists and customers (including, but not limited to, customers of the Company on whom the Employee called or with whom the Employee became acquainted during the term of employment), supplier lists and suppliers, software, developments, inventions, processes, formulas, technology, designs, drawings, engineering, hardware configuration information, personnel information, marketing, finances or other business information disclosed to the Employee by or obtained by the Employee from the Company, its affiliates, their clients, customers or their partners, and the Company's licensors either directly or indirectly in writing, orally or by drawings or observation of parts or equipment. Ownership of Proprietary Information. All Proprietary Information shall be the sole property of the Company and its assigns, and the Company and its assigns shall be the sole owner of all patents, copyrights, trademarks and other rights in connection therewith. The Employee hereby assigns to the Company any rights he may have or acquire in such Proprietary Information. The Employee hereby acknowledges that all Proprietary Information is and must continue to be Confidential and that the same is not readily accessible to competitors of the Company. At all times, both during employment by the Company and after its termination, the Employee will keep in strictest confidence and trust all Proprietary Information and shall not use or disclose any Proprietary Information without the written consent of the Company, except as may be necessary in the ordinary course of performing their duties as an Employee of the Company. Company Property. All documents (including computer records, facsimile and email) and materials created, received or transmitted in connection with the Employee's work or using the facilities of the Company are property of the Company and subject to inspection by the Company, at any time. Upon termination of the Employee's employment with the Company (or at any other time when requested by the Company), the Employee will promptly deliver to the Company all documents and materials of any nature pertaining to the Employee's work with the Company and will provide written certification of compliance with this Agreement. Under no circumstances the Employee shall have, following the termination, possession of any property of the Company, or any documents or materials or copies thereof containing any Confidential Information. In the event of the termination of employment, the Employee shall sign and deliver the \"Termination Certification\" attached hereto as Exhibit A. Third-Party Information. The Company has received, and, in the future, will receive from third parties their Confidential or Proprietary Information, subject to a duty on the Company's part to maintain the Confidentiality of such information and to use it only for certain limited purposes. The Employee agrees to hold all such Confidential or Proprietary Information in the strictest confidence and not to disclose it to any person, firm or corporation or to use it except as necessary in carrying out the work for the Company, consistent with the Company's agreement with such third party. INVENTION ASSIGNMENT The Employee agrees that all inventions, innovations, improvements, developments, methods, designs, analyses, reports, and all similar or related information which relates to the Company's actual or anticipated business, research and development or existing or future products or services and which are conceived, developed or made by the Employee while employed by the Company (\"Work Product\") belong to the Company. The Employee will promptly disclose such Work Product to the Company and perform all actions reasonably requested by the Company (whether during or after the Term) to establish and confirm such ownership (including, without limitation, assignments, consents, powers of attorney and other instruments). MAINTENANCE OF RECORDS The Employee shall keep and maintain adequate and current written records of all Inventions. The records will be in the form of notes, sketches, drawings, and any other format that may be specified by the Company. The records will be available to and remain the sole property of the Company at all times. DISCLOSURE OF INVENTIONS The Employee shall promptly disclose to the Company (or any persons designated by it) all discoveries, developments, designs, improvements, inventions, blueprints, formulae, processes, techniques, computer programs, strategies, know-how and data, whether or not patentable or registerable under copyright or similar statutes, made or conceived or reduced to practice or learned, either alone or jointly with others, during the period of the Employee's employment that are related to the business of the Company or that result from tasks assigned to it by the Company or that result from the use of premises or property (including computer systems and engineering facilities) owned, leased or contracted for by the Company. All such discoveries, developments, designs, improvements, inventions, formulae, processes, techniques, computer programs, strategies, blueprints, know-how and data are hereinafter referred to as \"Inventions.\" The Employee shall also promptly disclose to the Company, and the Company hereby agrees to receive all such disclosures in confidence, all other discoveries, developments, designs, improvements, inventions, formulae, processes, techniques, computer programs, strategies, blueprints, know-how and data, whether or not patentable or registerable under copyright or similar statutes, made or conceived or reduced to practice or learned by the Employee, either alone or jointly with others, during the period of employment of the Employee, for the purpose of determining whether they constitute \"Inventions,\" as defined above. OWNERSHIP OF INVENTIONS All Inventions shall be the sole property of the Company and its assigns, and the Company and its assigns shall be the sole owner of all patents, copyrights, trademarks, and other rights in connection therewith. The Employee hereby assigns to the Company any rights he may have or acquire in such Inventions","Invention Agreement","7","https://templates.business-in-a-box.com/imgs/1000px/sample-pdf-for-test-D13018.png","https://templates.business-in-a-box.com/imgs/250px/13018.png","https://templates.business-in-a-box.com/svgs/docviewerWebApp1.html?v6#13018.xml",{"title":106,"description":6},"invention agreement",[108,109],{"label":18,"url":94},{"label":110,"url":111},"Confidentiality Agreements","confidentiality-agreement","referral agreement","/template/referral-agreement-D13018",{"description":115,"descriptionCustom":6,"label":116,"pages":117,"size":118,"extension":10,"preview":119,"thumb":120,"svgFrame":121,"seoMetadata":122,"parents":123,"keywords":131,"url":132},"SALES REPRESENTATIVE AGREEMENT This Sales Representative Agreement (the \"Agreement\") is made and effective [DATE], BETWEEN: [YOUR COMPANY NAME] (the \"Company\"), a corporation organized and existing under the laws of the [State/Province] of [STATE/PROVINCE], with its head office located at: [YOUR COMPLETE ADDRESS] AND: [SALES REPRESENTATIVE NAME] (the \"Sales Representative\"), an individual with his main address located at OR a corporation organized and existing under the laws of the [State/Province] of [STATE/PROVINCE], with its head office located at: [COMPLETE ADDRESS] Sales Representative agrees to: Represent and sell the Company's products/services in the geographic area known as [Area name]. Accurately represent and state Company policies to all potential and present customers. Promptly mail in all leads and orders to the Company. Inform the sales manager of all problems concerning Company customers within the sales territory. Inform the sales manager if the Sales Representative is representing, or plans to represent any other business firm. In no event shall sales representative represent a competitive company or product line either within or outside the designated sales area. Telephone the Company with reasonable frequency to discuss sales activity within the territory. Provide company [NUMBER]-days' notice should the Representative intend to terminate this Agreement. ","Sales Representative Agreement","2",36,"https://templates.business-in-a-box.com/imgs/1000px/sales-representative-agreement-D556.png","https://templates.business-in-a-box.com/imgs/250px/556.png","https://templates.business-in-a-box.com/svgs/docviewerWebApp1.html?v6#556.xml",{"title":6,"description":6},[124,127,130],{"label":125,"url":126},"Human Resources","human-resources",{"label":128,"url":129},"Hire an Employee","hire-employee",{"label":18,"url":94},"sales representative agreement","/template/sales-representative-agreement-D556",{"description":134,"descriptionCustom":6,"label":135,"pages":136,"size":137,"extension":10,"preview":138,"thumb":139,"svgFrame":140,"seoMetadata":141,"parents":142,"keywords":146,"url":147},"INDEPENDENT CONTRACTOR AGREEMENT This Independent Contractor Agreement (\"Agreement\") is made and effective [Date], BETWEEN: [INDEPENDENT CONTRACTOR NAME] (the \"Independent Contractor\"), a company organized and existing under the laws of the [State/Province] of [STATE/PROVINCE], with its head office located at: [COMPLETE ADDRESS] AND: [YOUR COMPANY NAME] (the \"Company\"), a company organized and existing under the laws of the [State/Province] of [STATE/PROVINCE], with its head office located at: [YOUR COMPLETE ADDRESS] RECITALS Independent Contractor is engaged in providing [Describe] business services, its Employer Tax I.D. Number is [Insert], and its Business License Number is [insert]. Independent Contractor has complied with all Federal, State, and local laws regarding business permits, sales permits, licenses, reporting requirements, tax withholding requirements, and other legal requirements of any kind that may be required to carry out said business and the Scope of Work which is to be performed as an Independent Contractor pursuant to this Agreement. Independent Contractor is or remains open to conducting similar tasks or activities for clients other than the Company and holds themselves out to the public to be a separate business entity. Company desires to engage and contract for the services of the Independent Contractor to perform certain tasks as set forth below. Independent Contractor desires to enter into this Agreement and perform as an independent contractor for the company and is willing to do so on the terms and conditions set forth below. NOW, THEREFORE, in consideration of the above recitals and the mutual promises and conditions contained in this Agreement, the Parties agree as follows: TERMS This Agreement shall be effective commencing [Date], and shall continue until terminated at the completion of the Scope of Work which shall occur no later than [Date] or by either party as otherwise provided herein. STATUS OF INDEPENDENT CONTRACTOR This Agreement does not constitute a hiring by either party. It is the parties intentions that Independent Contractor shall have an independent contractor status and not be an employee for any purposes, including, but not limited to, [laws]. Independent Contractor shall retain sole and absolute discretion in the manner and means of carrying out their activities and responsibilities under this Agreement. This Agreement shall not be considered or construed to be a partnership or joint venture, and the Company shall not be liable for any obligations incurred by Independent Contractor unless specifically authorized in writing. Independent Contractor shall not act as an agent of the Company, ostensibly or otherwise, nor bind the Company in any manner, unless specifically authorized to do so in writing. TASKS, DUTIES, AND SCOPE OF WORK Independent Contractor agrees to devote as much time, attention, and energy as necessary to complete or achieve the following: [Describe]. The above to be referred to in this Agreement as the \"Scope of Work\". It is expected that the Scope of Work will completed by [Date]. Independent Contractor shall additionally perform any and all tasks and duties associated with the Scope of Work set forth above, including but not limited to, work being performed already or related change orders. Independent Contractor shall not be entitled to engage in any activities which are not expressly set forth by this Agreement. The books and records related to the Scope of Work set forth in this Agreement shall be maintained by the Independent Contractor at the Independent Contractor's principal place of business and open to inspection by Company during regular working hours. Documents to which Company will be entitled to inspect include, but are not limited to, any and all contract documents, change orders/purchase orders and work authorized by Independent Contractor or Company on existing or potential projects related to this Agreement. Independent Contractor shall be responsible to the management and directors of Company, but Independent Contractor will not be required to follow or establish a regular or daily work schedule. Supply all necessary equipment, materials and supplies. Independent Contractor will not rely on the equipment or offices of Company for completion of tasks and duties set forth pursuant to this Agreement. Any advice given Independent Contractors regarding the scope of work shall be considered a suggestion only, not an instruction. Company retains the right to inspect, stop, or alter the work of Independent Contractor to assure its conformity with this Agreement. ASSURANCE OF SERVICES Independent Contractor will assure that the following individuals (the \"Key Employees\") will be available to perform, and will perform, the Services hereunder until they are completed (identify by title and name as applicable): [Name of Key Employee, Title] [Name of Key Employee, Title] The Key Employees may be changed only with the prior written approval of the Company, which approval shall not be unreasonably withheld. COMPENSATION Independent Contractor shall be entitled to compensation for performing those tasks and duties related to the Scope of Work as follows: [Describe] Such compensation shall become due and payable to Independent Contractor in the following time, place, and manner: [Describe] NOTICE CONCERNING WITHHOLDING OF TAXES Independent Contractor recognizes and understands that it will receive a [specify tax] statement and related tax statements, and will be required to file corporate and/or individual tax returns and to pay taxes in accordance with all provisions of applicable Federal and State law. Independent Contractor hereby promises and agrees to indemnify the Company for any damages or expenses, including attorney's fees, and legal expenses, incurred by the Company as a result of independent contractor's failure to make such required payments. AGREEMENT TO WAIVE RIGHTS TO BENEFITS Independent Contractor hereby waives and foregoes the right to receive any benefits given by Company to its regular employees, including, but not limited to, health benefits, vacation and sick leave benefits, profit sharing plans, etc. This waiver is applicable to all non-salary benefits which might otherwise be found to accrue to the Independent Contractor by virtue of their services to Company, and is effective for the entire duration of Independent Contractor's agreement with Company. This waiver is effective independently of Independent Contractor's employment status as adjudged for taxation purposes or for any other purpose. Neither this Agreement, nor any duties or obligations under this Agreement may be assigned by either party without the consent of the other. TERMINATION This Agreement may be terminated prior to the completion or achievement of the Scope of Work by either party giving [number] days written notice. Such termination shall not prejudice any other remedy to which the terminating party may be entitled, either by law, in equity, or under this Agreement. NON-DISCLOSURE OF TRADE SECRETS, CUSTOMER LISTS AND OTHER PROPRIETARY INFORMATION Independent Contractor agrees not to disclose or communicate, in any manner, either during or after Independent Contractor's agreement with Company, information about Company, its operations, clientele, or any other information, that relate to the business of Company including, but not limited to, the names of its customers, its marketing strategies, operations, or any other information of any kind which would be deemed confidential, a trade secret, a customer list, or other form of proprietary information of Company. Independent Contractor acknowledges that the above information is material and confidential and that it affects the profitability of Company. ","Independent Contractor Agreement","6",62,"https://templates.business-in-a-box.com/imgs/1000px/independent-contractor-agreement-D160.png","https://templates.business-in-a-box.com/imgs/250px/160.png","https://templates.business-in-a-box.com/svgs/docviewerWebApp1.html?v6#160.xml",{"title":6,"description":6},[143],{"label":144,"url":145},"Consultant & Contractors","consulting-contractor-business","independent contractor agreement","/template/independent-contractor-agreement-D160",{"description":149,"descriptionCustom":6,"label":150,"pages":151,"size":9,"extension":10,"preview":152,"thumb":153,"svgFrame":154,"seoMetadata":155,"parents":157,"keywords":156,"url":160},"NON-DISCLOSURE AGREEMENT (NDA) This Non-Disclosure Agreement (the \"Agreement\") is made and effective [DATE], BETWEEN: [YOUR COMPANY NAME] (the \"Disclosing Party\"), a corporation organized and existing under the laws of the [State/Province] of [STATE/PROVINCE], with its head office located at: [YOUR COMPLETE ADDRESS] AND: [RECEIVING PARTY NAME] (the \"Receiving Party\"), an individual with his main address located at OR a corporation organized and existing under the laws of the [State/Province] of [STATE/PROVINCE], with its head office located at: [COMPLETE ADDRESS] WHEREAS, Receiving Party has been or will be engaged in the performance of work on [DESCRIBE]; and in connection therewith will be given access to certain confidential and proprietary information; and WHEREAS, Receiving Party and Disclosing Party wish to evidence by this Agreement the manner in which said confidential and proprietary material will be treated. NOW, THEREFORE, it is agreed as follows: NON-DISCLOSURE OF CONFIDENTIAL INFORMATION Both Parties understand and agree that each Party may have access to the confidential information of the other party. For the purposes of this Agreement, \"Confidential Information\" means proprietary and confidential information about the Disclosing Party's (or it's suppliers') business or activities. Such information includes all business, financial, technical, and other information marked or designated by such Party as \"confidential\" or \"proprietary.\" Confidential Information also includes information which, by the nature of the circumstances surrounding the disclosure, ought in good faith to be treated as confidential. For the purposes of this Agreement, Confidential Information does not include: Information that is currently in the public domain or that enters the public domain after the signing of this Agreement. Information a Party lawfully receives from a third Party without restriction on disclosure and without breach of a non-disclosure obligation. Information that the Receiving Party knew prior to receiving any Confidential Information from the Disclosing Party. Information that the Receiving Party independently develops without reliance on any Confidential Information from the Disclosing Party. Each Party agrees that it will not disclose to any third Party or use any Confidential Information disclosed to it by the other Party except when expressly permitted in writing by the other Party. Each Party also agrees that it will take all reasonable measures to maintain the confidentiality of all Confidential Information of the other Party in its possession or control. TERM The term of this Agreement is [number] of [years/months] from the date of execution by both Parties. TITLE The Receiving Party agrees that all Confidential Information furnished by the Disclosing Party shall remain the sole property of the Disclosing Party. DISCLAIMER","Non Disclosure Agreement Nda","3","https://templates.business-in-a-box.com/imgs/1000px/non-disclosure-agreement-nda-D12692.png","https://templates.business-in-a-box.com/imgs/250px/12692.png","https://templates.business-in-a-box.com/svgs/docviewerWebApp1.html?v6#12692.xml",{"title":156,"description":6},"non disclosure agreement nda",[158,159],{"label":18,"url":94},{"label":110,"url":111},"/template/non-disclosure-agreement-nda-D12692",{"description":162,"descriptionCustom":6,"label":163,"pages":151,"size":9,"extension":10,"preview":164,"thumb":165,"svgFrame":166,"seoMetadata":167,"parents":169,"keywords":172,"url":173},"[DATE] [CONTACT NAME] [ADDRESS] [ADDRESS 2] [CITY, STATE/PROVINCE] [ZIP/POSTAL CODE] SUBJECT: LETTER OF INTENT-ACQUISITION OF BUSINESS Dear [CONTACT NAME]: This letter (\"Letter of Intent\") sets forth the basic preliminary terms between the Buyer or his nominee and yourselves regarding the purchase of the [SPECIFY] business (the \"Business\") carried on by yourselves. Except as specifically set forth herein, this Letter of Intent shall not constitute an agreement between the parties and no agreement shall be deemed to exist until execution of a definitive purchase agreement. It is proposed that Buyer will acquire certain assets of the Business which Buyer believes to be necessary to the future of the Business, including the warehouse in [CITY/STATE] in which [COMPANY NAME] the Company has invested [AMOUNT] in cash and which has been financed by a mortgage loan of approximately [AMOUNT] granted by the [SPECIFY COMPANY] [CITY/STATE]. Buyer understands that the said warehouse has no other charges or liabilities affecting it other than the said mortgage loan. Buyer may either purchase the warehouse outright or enter into a lease-purchase or instalment transfer of ownership which is satisfactory to both parties. The gross purchase price for the said warehouse will be [AMOUNT]. Buyer may purchase or lease barrels and other equipment currently owned by the Company which are necessary to operate the Business, on a cash or instalment basis agreeable to both parties. The specific assets to be purchased and the amounts to be paid by Buyer in connection with this transaction remain to be negotiated by the parties. This Letter of Intent also evidences the intentions of the parties with respect to the following agreements: Buyer will enter into a [NUMBER]-year employment agreement with [COMPANY NAME], providing for the Company will be responsible for the purchase of [SPECIFY] for Buyer. The agreement will contain the customary terms and conditions found in employment agreements in similar transactions and will provide for the usual non-competition and non-solicitation covenants to be entered into by the Company in favour of Buyer. It is expressly understood that if the contemplated transaction is consummated, the aggregate amount of commission paid or payable to yourselves (net of reasonable expenses acceptable to Buyer) in respect of all purchases of [SPECIFY] made through you from the date of this Letter of Intent to the date of closing, with the exception of commissions earned on the [NUMBER] truckloads of [SPECIFY] to be delivered to Buyer during the week of [DATE] to [DATE], will be applied against remuneration payable to the Company in the first year of his employment agreement. If the contemplated transaction is not consummated, all such commissions paid or payable will be treated as commissions. Buyer will enter into a [NUMBER]-year employment agreement with [EMPLOYEE NAME], providing for the payment of a gross base salary of [ANNUAL SALARY] per year, to be paid weekly, subject to annual review. [EMPLOYEE NAME] will be President of the Business and the employment agreement will provide for health benefits, automobile, expenses and bonus arrangements","Letter of Intent_Acquisition of Business","https://templates.business-in-a-box.com/imgs/1000px/letter-of-intent_acquisition-of-business-D5197.png","https://templates.business-in-a-box.com/imgs/250px/5197.png","https://templates.business-in-a-box.com/svgs/docviewerWebApp1.html?v6#5197.xml",{"title":168,"description":6},"letter of intent_acquisition of business",[170,171],{"label":18,"url":94},{"label":18,"url":94},"letter intent_acquisition business","/template/letter-of-intent_acquisition-of-business-D5197",true,{"seo":176,"reviewer":188,"legal_disclaimer":174,"quick_facts":192,"at_a_glance":195,"personas":199,"variants":224,"glossary":252,"clauses":286,"how_to_fill":336,"common_mistakes":377,"faqs":402,"industries":430,"comparisons":447,"diy_vs_lawyer":458,"jurisdictions":471,"related_template_ids_curated":492,"schema":501,"classification":502},{"meta_title":177,"meta_description":178,"primary_keyword":179,"secondary_keywords":180},"Brokerage Agreement Template | Free Word Download","Free brokerage agreement template covering scope, exclusivity, commission, expenses, term, and post-termination protection.","brokerage agreement template",[181,182,183,184,185,186,187],"broker agreement template","brokerage contract template","real estate brokerage agreement","commission agreement template","broker commission agreement","brokerage agreement template word","brokerage agreement template free",{"name":189,"credential":190,"reviewed_date":191},"Bruno Goulet","CEO, Business in a Box","2026-05-02",{"difficulty":193,"legal_review_recommended":174,"signature_required":174,"notarization_required":194},"advanced",false,{"what_it_is":196,"when_you_need_it":197,"whats_inside":198},"A Brokerage Agreement is a legally binding contract between a principal — such as a property owner, business seller, employer, or investor — and a broker who is engaged to find and introduce qualified counterparties or transactions. This free Word download covers scope of services, exclusivity, commission structure, expense reimbursement, term, post-termination tail protection, and governing law in a single document you can edit online and export as PDF.\n","Use it whenever you engage a broker to source buyers, tenants, investors, acquisition targets, or candidates on your behalf — or whenever you act as a broker and need a written record of your fee entitlement before introductions begin.\n","Parties and scope of engagement, exclusivity terms, commission rate and trigger conditions, expense reimbursement, agreement term and renewal, post-termination protection period, confidentiality, representations and warranties, termination rights, and governing law.\n",[200,204,208,212,216,220],{"title":201,"use_case":202,"icon_asset_id":203},"Real estate agents and brokers","Documenting commission entitlement before listing or showing a property","persona-real-estate-agent",{"title":205,"use_case":206,"icon_asset_id":207},"Business owners selling a company","Engaging an M&A or business broker to source and qualify buyers","persona-small-business-owner",{"title":209,"use_case":210,"icon_asset_id":211},"Investment firms and fund managers","Retaining a placement agent to introduce institutional investors","persona-investor",{"title":213,"use_case":214,"icon_asset_id":215},"Insurance brokers","Formalizing the scope and compensation for placing client policies","persona-insurance-broker",{"title":217,"use_case":218,"icon_asset_id":219},"Recruiters and executive search firms","Protecting fee entitlement when placing candidates with employer clients","persona-recruiter",{"title":221,"use_case":222,"icon_asset_id":223},"Commercial landlords and property developers","Engaging tenant-rep or leasing brokers to fill commercial space","persona-commercial-landlord",[225,229,233,237,241,245,248],{"situation":226,"recommended_template":227,"slug":228},"Selling residential or commercial real estate through an agent","Real Estate Listing Agreement","real-estate-operating-agreement-D14043",{"situation":230,"recommended_template":231,"slug":232},"Engaging a business broker to sell your company","Business Broker Agreement","broker-carrier-agreement-D13251",{"situation":234,"recommended_template":235,"slug":236},"Retaining a placement agent to raise a private equity or hedge fund","Placement Agent Agreement","private-placement-agreement-D13233",{"situation":238,"recommended_template":239,"slug":240},"Engaging a recruiter on a contingency basis","Recruitment Agency Agreement","advertising-agency-agreement-D1223",{"situation":242,"recommended_template":243,"slug":244},"Appointing a non-exclusive referral partner for lead generation","Referral Agreement","referral-agreement-D13018",{"situation":246,"recommended_template":116,"slug":247},"Engaging a commission-only sales representative","sales-representative-agreement-D556",{"situation":249,"recommended_template":250,"slug":251},"Licensing an agent to act on your behalf in a specific territory","Agency Agreement","agency-agreement-D12698",[253,256,259,262,265,268,271,274,277,280,283],{"term":254,"definition":255},"Principal","The party who engages the broker — typically a seller, buyer, landlord, employer, or investor on whose behalf the broker acts.",{"term":257,"definition":258},"Broker","The individual or firm engaged to find, introduce, and facilitate transactions between the principal and third-party counterparties.",{"term":260,"definition":261},"Commission","The fee payable to the broker upon the successful completion of a transaction, typically expressed as a percentage of the deal value or a fixed amount.",{"term":263,"definition":264},"Exclusivity","A term granting the broker the sole right to represent the principal in a defined market or for a defined period, preventing the principal from engaging competing brokers.",{"term":266,"definition":267},"Tail Period","A defined window after the agreement ends during which the broker remains entitled to commission if a transaction closes with a party the broker introduced.",{"term":269,"definition":270},"Ready, Willing, and Able Buyer","A standard that triggers commission entitlement when the broker produces a buyer who meets the principal's terms — even if the principal later refuses to complete the transaction.",{"term":272,"definition":273},"Retainer","An upfront or periodic fee paid to the broker to secure their services, which may or may not be creditable against future commission earned.",{"term":275,"definition":276},"Procuring Cause","The legal doctrine holding that the broker who initiates the chain of events leading to a completed transaction is entitled to the commission, regardless of who closes the deal.",{"term":278,"definition":279},"Net Transaction Value","The deal consideration on which commission is calculated — typically the gross purchase price, lease value, or placement amount, after any agreed deductions.",{"term":281,"definition":282},"Holdover Clause","A provision extending commission entitlement beyond the agreement's expiry for transactions with parties the broker introduced during the term.",{"term":284,"definition":285},"Dual Agency","A situation where a broker represents both the principal and the counterparty in the same transaction — often restricted or requiring disclosure under applicable law.",[287,292,297,301,306,311,316,321,326,331],{"name":288,"plain_english":289,"sample_language":290,"common_mistake":291},"Parties and recitals","Identifies the principal and broker as legal entities, states their addresses, and describes the commercial context in which the broker is being engaged.","This Brokerage Agreement is entered into as of [DATE] between [PRINCIPAL LEGAL NAME], a [STATE/PROVINCE] [ENTITY TYPE] with its principal place of business at [ADDRESS] ('Principal'), and [BROKER LEGAL NAME], a [STATE/PROVINCE] [ENTITY TYPE] with its principal place of business at [ADDRESS] ('Broker').","Using a trade name or personal name instead of the registered legal entity. If the contracting party doesn't match the licensed broker entity, commission recovery in court becomes far more complicated.",{"name":293,"plain_english":294,"sample_language":295,"common_mistake":296},"Scope of services","Defines precisely what the broker is engaged to do — the type of transaction, the target counterparty profile, the geographic territory, and any activities that are outside the scope.","Broker shall use commercially reasonable efforts to identify and introduce qualified [BUYERS / TENANTS / INVESTORS / CANDIDATES] for [DESCRIPTION OF ASSET / COMPANY / ROLE] located in or operating within [TERRITORY]. Broker's services do not include [EXCLUDED ACTIVITIES].","Leaving the scope open-ended. An undefined scope creates disputes over whether a particular introduction was within the engagement — and whether commission is owed.",{"name":263,"plain_english":298,"sample_language":299,"common_mistake":300},"States whether the broker is the sole authorized representative or whether the principal may engage other brokers simultaneously, and any carve-outs for self-sourced transactions.","During the Term, Principal shall not engage any other broker, agent, or intermediary to perform services substantially similar to those described herein [within the Territory / for the Subject Property]. Principal retains the right to transact directly with [NAMED EXCLUDED PARTIES] without owing Broker any commission.","Granting exclusive agency without carving out parties the principal has already been in contact with. Forgetting to list pre-existing prospects can trigger a commission dispute on a deal the broker had nothing to do with.",{"name":302,"plain_english":303,"sample_language":304,"common_mistake":305},"Commission rate and trigger","Specifies the commission percentage or fixed amount, the transaction value on which it is calculated, and the precise event — signed contract, closing, payment receipt — that makes it payable.","Principal shall pay Broker a commission equal to [X]% of the [GROSS PURCHASE PRICE / NET LEASE VALUE / PLACEMENT AMOUNT] upon [CLOSING / EXECUTION OF A BINDING AGREEMENT / RECEIPT OF CLEARED FUNDS]. Minimum commission: $[AMOUNT].","Pegging commission to 'closing' without defining what closing means. If a deal restructures — lease instead of purchase, earnout instead of upfront consideration — the trigger is ambiguous and commission can go unpaid.",{"name":307,"plain_english":308,"sample_language":309,"common_mistake":310},"Expenses and retainer","Covers any upfront retainer, periodic fees, and the categories of expenses the principal will reimburse — travel, marketing materials, database subscriptions — along with any approval thresholds.","Principal shall pay Broker a non-refundable retainer of $[AMOUNT] upon execution, creditable against commission earned. Principal shall reimburse documented expenses up to $[AMOUNT] per month, with prior written approval required for any single expense exceeding $[THRESHOLD].","Agreeing to an open-ended expense reimbursement with no cap or approval requirement. Without a ceiling, broker spending on marketing, travel, or third-party services can exceed the eventual commission.",{"name":312,"plain_english":313,"sample_language":314,"common_mistake":315},"Term and renewal","Sets the start and end date of the engagement, whether it auto-renews, the notice period required to terminate at expiry, and any conditions for early termination by either party.","This Agreement commences on [START DATE] and continues for [X] months ('Initial Term'). It shall automatically renew for successive [30-day / 90-day] periods unless either party provides written notice of non-renewal at least [X] days before expiry.","Setting a long fixed term with no performance milestone that allows the principal to exit. A broker who delivers no qualified introductions after 90 days cannot be removed until the term ends.",{"name":317,"plain_english":318,"sample_language":319,"common_mistake":320},"Post-termination tail protection","Protects the broker's commission entitlement for a defined period after the agreement ends, covering any transaction that closes with a party the broker introduced during the term.","For a period of [X] months following expiration or termination of this Agreement ('Tail Period'), Broker shall remain entitled to the full commission on any transaction that closes with a party whose identity was first disclosed to Principal by Broker during the Term.","Omitting a tail period entirely. Without one, a principal can wait until the agreement expires, then transact with a broker-introduced party and owe nothing — defeating the purpose of the engagement.",{"name":322,"plain_english":323,"sample_language":324,"common_mistake":325},"Confidentiality","Obligates both parties to protect non-public information exchanged during the engagement — including the identities of introduced parties, financial data, and deal terms.","Each party shall hold in strict confidence all Confidential Information received from the other party and shall not disclose it to any third party without prior written consent. 'Confidential Information' excludes information that is publicly available through no fault of the receiving party.","Failing to specify that the identities of introduced counterparties are confidential. Without this, the principal can share a broker-introduced contact with a competing broker and argue no commission is owed.",{"name":327,"plain_english":328,"sample_language":329,"common_mistake":330},"Representations and warranties","Each party confirms they have the authority to enter the agreement, the broker represents they hold required licenses, and the principal confirms they own or control the asset or mandate being brokered.","Broker represents that it holds all licenses required by applicable law to perform the services described herein and will maintain them in good standing throughout the Term. Principal represents that it has full authority to engage Broker on the terms set out herein.","No broker licensing representation. In regulated industries — real estate, securities, insurance — engaging an unlicensed broker can void the commission obligation entirely and expose the principal to regulatory liability.",{"name":332,"plain_english":333,"sample_language":334,"common_mistake":335},"Governing law and dispute resolution","Specifies the jurisdiction whose law governs the agreement and the mechanism for resolving disputes — arbitration, mediation, or litigation — and the venue.","This Agreement is governed by the laws of [STATE / PROVINCE / COUNTRY], without regard to conflict-of-laws principles. Any dispute shall be resolved by binding arbitration administered by [AAA / JAMS / LCIA] in [CITY], except that either party may seek injunctive relief in any court of competent jurisdiction.","Choosing a governing law that has no connection to where the broker is licensed or the transaction will occur. Mismatches can invalidate licensing representations and complicate commission enforcement.",[337,342,347,352,357,362,367,372],{"step":338,"title":339,"description":340,"tip":341},1,"Identify the parties with their registered legal names","Enter the full registered legal name, entity type, and address of both the principal and the broker. For brokers operating through a personal services company, use the company name — not the individual's name.","Verify the broker's entity name against their professional license registration before signing. A mismatch between the contracting entity and the licensed entity is the most common reason commission claims fail in court.",{"step":343,"title":344,"description":345,"tip":346},2,"Define the scope with specificity","Describe the asset, company, or mandate being brokered, the type of counterparty sought, and the geographic territory. List any categories of transaction or counterparty that are explicitly outside the engagement.","If the principal has pre-existing relationships with likely counterparties, list them by name as carve-outs in the scope clause — this prevents a commission dispute on deals the broker did not originate.",{"step":348,"title":349,"description":350,"tip":351},3,"Choose exclusive or non-exclusive and draft accordingly","Decide whether the broker will be the sole representative or one of several. For exclusive engagements, draft the exclusivity clause to carve out any self-sourced deals and any parties already in the principal's pipeline.","Exclusive agreements justify higher broker effort but should include a minimum-activity obligation — for example, a minimum number of qualified introductions per month — to protect the principal if the broker underperforms.",{"step":353,"title":354,"description":355,"tip":356},4,"Set the commission rate, calculation base, and trigger event","State the percentage and the specific dollar value it applies to — gross purchase price, net lease value, or total placement amount. Define the exact event that makes commission payable: execution of a binding agreement, regulatory approval, or receipt of cleared funds.","For transactions with earnouts or deferred consideration, specify how commission is calculated on contingent amounts — whether it is paid upfront on the headline value or in installments as contingent payments are received.",{"step":358,"title":359,"description":360,"tip":361},5,"Establish expense terms and any retainer","Enter the retainer amount and whether it is creditable against commission. Set a monthly expense cap and a per-transaction approval threshold for larger costs. Require receipts for all reimbursable expenses.","A retainer signals good faith and partially compensates the broker if no transaction closes — which improves the quality of brokers willing to take the engagement.",{"step":363,"title":364,"description":365,"tip":366},6,"Set the term, renewal notice, and performance milestones","Enter the initial term in months, the auto-renewal period, and the written notice required to exit at expiry. Consider adding a milestone — such as delivering three qualified introductions within the first 60 days — that triggers a right to terminate if not met.","Three to six months is a typical initial term for business or real estate brokerage. Shorter terms favor principals; longer terms favor brokers who need time to build a deal pipeline.",{"step":368,"title":369,"description":370,"tip":371},7,"Draft the tail period with a clear introduction log obligation","Set the tail period in months — typically three to twelve months depending on the transaction type — and require the broker to deliver a written list of introduced parties before or at agreement expiry. Commission is owed only on parties on that list.","Tying the tail to a written introduction log prevents disputes about who introduced whom. Without a log, every party the principal ever spoke to becomes a potential broker-introduced lead.",{"step":373,"title":374,"description":375,"tip":376},8,"Confirm licensing, sign before introductions begin, and store the executed copy","Verify the broker's license status through the relevant regulatory body. Both parties must sign before the broker makes any introduction — pre-agreement introductions may not be covered. Store the executed PDF in a secure location accessible to both parties.","Use Business in a Box eSign to timestamp execution and create an audit trail. A timestamped signature prevents later disputes about whether the agreement was in force when a specific introduction was made.",[378,382,386,390,394,398],{"mistake":379,"why_it_matters":380,"fix":381},"No post-termination tail period","Without a tail clause, the principal can wait until the agreement expires and then transact with a broker-introduced party commission-free. The broker loses their fee on a deal they originated.","Include a tail period of three to twelve months, require a written introduction log at expiry, and limit the tail to parties on that log.",{"mistake":383,"why_it_matters":384,"fix":385},"Vague commission trigger","Tying commission to 'closing' without defining it creates disputes when deals restructure — an asset sale becomes a lease, or a cash purchase becomes a deferred earnout — leaving the broker's entitlement undefined.","Define the trigger precisely: the date a binding purchase agreement is executed, the date regulatory approval is received, or the date cleared funds are received — and address deferred consideration separately.",{"mistake":387,"why_it_matters":388,"fix":389},"Engaging an unlicensed broker","In real estate, securities, and insurance, state and federal law requires brokers to hold specific licenses. A commission agreement with an unlicensed broker is typically unenforceable and can expose the principal to regulatory penalties.","Require the broker to represent and warrant their license status in the agreement and verify it independently through the relevant regulatory body before signing.",{"mistake":391,"why_it_matters":392,"fix":393},"Omitting carve-outs for pre-existing contacts","An exclusive agreement without named carve-outs can trigger a commission claim on a deal the principal closes with a buyer or tenant they were already in contact with before engaging the broker.","Attach a Schedule A listing all parties the principal had prior contact with before the agreement date. Transactions with those parties are excluded from the broker's commission entitlement.",{"mistake":395,"why_it_matters":396,"fix":397},"No expense cap or approval threshold","An open-ended expense reimbursement obligation lets broker spending on travel, marketing, and third-party services run unchecked — sometimes exceeding the eventual commission.","Set a monthly expense ceiling and require written pre-approval for any single expense above a defined threshold, typically $250 to $500.",{"mistake":399,"why_it_matters":400,"fix":401},"Missing broker licensing representation","Without an explicit warranty that the broker holds all required licenses, the principal has no contractual remedy if the broker is later found to be unlicensed and the commission agreement is voided.","Include a representations and warranties clause in which the broker warrants current licensure, undertakes to maintain it in good standing, and agrees to notify the principal immediately if any license is suspended or revoked.",[403,406,409,412,415,418,421,424,427],{"question":404,"answer":405},"What is a brokerage agreement?","A brokerage agreement is a legally binding contract between a principal and a broker that defines the broker's mandate, the commission structure, the term of the engagement, and the conditions under which fees are earned. It applies across industries — real estate, M&A, insurance, investment management, and executive recruitment — wherever an intermediary is engaged to find and introduce qualified counterparties or transactions on behalf of a client.\n",{"question":407,"answer":408},"When do I need a brokerage agreement?","You need a brokerage agreement before any introduction is made. Whether you are the principal engaging a broker or the broker beginning work for a client, the agreement should be signed before the first counterparty name is disclosed. Pre-agreement introductions may fall outside the contract's protection, leaving the broker without a documented fee entitlement and exposing the principal to disputed verbal claims.\n",{"question":410,"answer":411},"What is the difference between an exclusive and a non-exclusive brokerage agreement?","An exclusive agreement grants the broker the sole right to represent the principal for the defined mandate during the term — the principal may not engage other brokers or, in some versions, transact directly without owing commission. A non-exclusive agreement allows the principal to engage multiple brokers simultaneously, with commission going only to the broker whose introduction procures the transaction. Exclusive arrangements typically produce more broker effort; non-exclusive arrangements give the principal more flexibility.\n",{"question":413,"answer":414},"What is a tail period and why does it matter?","A tail period — also called a holdover period — is a defined window after the brokerage agreement expires during which the broker remains entitled to commission if a transaction closes with a party they introduced during the term. Without a tail, a principal could wait for the agreement to lapse, then transact with a broker-introduced buyer or investor commission-free. Tail periods typically run three to twelve months, and commission entitlement is usually limited to parties named on a written introduction log delivered at expiry.\n",{"question":416,"answer":417},"How is broker commission calculated in a brokerage agreement?","Commission is most commonly expressed as a percentage of the net transaction value — the gross purchase price, total lease value, or total placement amount. Typical ranges vary widely by industry: real estate residential sales run 2–6% of sale price; M&A advisory fees often follow the Lehman Formula (5% on the first $1M, scaling down for larger values); securities placement agents typically charge 3–7% of capital raised. The agreement should also specify the exact trigger event — signing, closing, or receipt of funds — that makes the fee payable.\n",{"question":419,"answer":420},"Does a brokerage agreement need to be reviewed by a lawyer?","For straightforward domestic engagements in unregulated industries, a well-drafted template is generally a sound starting point. Legal review is advisable when the transaction involves a regulated industry such as real estate, securities, or insurance where broker licensing requirements affect contract enforceability; when the commission exposure is significant; when the principal and broker are in different jurisdictions; or when the agreement includes complex earnout or deferred-consideration provisions. A 1–2 hour review typically costs $300–$600 and is well-justified when commission amounts are material.\n",{"question":422,"answer":423},"Is a brokerage agreement the same as an agency agreement?","Not exactly. An agency agreement typically grants the agent authority to bind the principal — to sign contracts or make commitments on their behalf. A brokerage agreement engages the broker to find and introduce counterparties without granting authority to bind the principal. The principal retains decision-making power on whether to transact. Some documents blend both functions, but the distinction matters for liability and regulatory classification purposes.\n",{"question":425,"answer":426},"What happens if a broker introduces a party but the deal closes after the agreement ends?","Whether commission is owed depends on whether the agreement includes a tail period and whether the party was properly identified on the introduction log. If a tail clause exists and the party was introduced during the term, commission is generally owed even after expiry. If there is no tail clause, the broker typically has no contractual claim — though they may pursue a quantum meruit claim for the value of services rendered, depending on the jurisdiction.\n",{"question":428,"answer":429},"Can a brokerage agreement be terminated early?","Yes, if the agreement includes an early termination clause. Most brokerage agreements allow either party to terminate on written notice — typically 14 to 30 days — with the principal remaining liable for commission on any transaction that closes during the tail period with a broker-introduced party. Termination for cause — such as the broker's fraud, material breach, or loss of required licenses — can usually be exercised immediately without notice.\n",[431,435,439,443],{"industry":432,"icon_asset_id":433,"specifics":434},"Real estate","industry-real-estate","Listing agreements, buyer-representation agreements, and leasing mandates are all forms of brokerage agreement subject to state and provincial licensing requirements and mandatory disclosure rules.",{"industry":436,"icon_asset_id":437,"specifics":438},"Mergers and acquisitions","industry-finance","M&A advisory engagements use brokerage or finder fee agreements to engage intermediaries who source acquisition targets or buyers, with commission often structured on a Lehman or double-Lehman formula tied to deal value.",{"industry":440,"icon_asset_id":441,"specifics":442},"Financial services and capital markets","industry-fintech","Placement agent agreements for private fund capital raises are a specialized form of brokerage agreement subject to SEC broker-dealer registration requirements and FINRA rules in the United States.",{"industry":444,"icon_asset_id":445,"specifics":446},"Insurance","industry-insurance","Insurance brokerage agreements define the broker's authority to place policies on behalf of the client, the commission or fee structure, and the duty to disclose any conflicts of interest arising from carrier relationships.",[448,450,452,455],{"vs":250,"vs_template_id":251,"summary":449},"An agency agreement grants the agent authority to bind the principal — to sign contracts, accept orders, or make representations on their behalf. A brokerage agreement engages the broker only to find and introduce counterparties; the principal retains full authority to accept or reject any transaction. Use an agency agreement when you need someone to act in your name; use a brokerage agreement when you need someone to source opportunities for your own decision.",{"vs":243,"vs_template_id":244,"summary":451},"A referral agreement covers a simpler, one-time or ongoing arrangement where one party passes leads to another in exchange for a flat fee or percentage referral fee. A brokerage agreement is a more formal engagement with defined scope, exclusivity terms, a tail period, and often a retainer. Use a referral agreement for informal lead-sharing; use a brokerage agreement for a dedicated, managed introduction mandate.",{"vs":116,"vs_template_id":453,"summary":454},"sales-representative-agreement-D13232","A sales representative agreement engages an individual or firm to actively sell the principal's products or services — typically with ongoing customer relationship responsibility and a territory. A brokerage agreement focuses on introducing specific counterparties for a defined transaction or class of transactions, with commission tied to deal completion rather than ongoing sales activity. The distinction affects licensing requirements, commission structure, and the nature of post-termination obligations.",{"vs":135,"vs_template_id":456,"summary":457},"independent-contractor-agreement-D160","An independent contractor agreement governs a general service engagement for a fee or hourly rate, without a commission-based structure. A brokerage agreement is specifically designed for transaction-based compensation — the broker earns nothing unless a qualifying transaction closes. Use an independent contractor agreement for advisory or consulting services billed by time; use a brokerage agreement when compensation is entirely or primarily contingent on deal completion.",{"use_template":459,"template_plus_review":463,"custom_drafted":467},{"best_for":460,"cost":461,"time":462},"Straightforward domestic brokerage engagements in unregulated industries with standard commission terms","Free","30–60 minutes",{"best_for":464,"cost":465,"time":466},"Regulated industries (real estate, securities, insurance), cross-border engagements, or commission exposure above $25,000","$300–$600","1–3 days",{"best_for":468,"cost":469,"time":470},"M&A advisory mandates, securities placement agent agreements, multi-jurisdiction engagements, or complex deferred-consideration structures","$2,000–$8,000+","1–3 weeks",[472,477,482,487],{"code":473,"name":474,"flag_asset_id":475,"note":476},"us","United States","flag-us","Real estate brokerage is regulated at the state level — brokers must hold a current state license and agreements that omit a licensing warranty are often unenforceable. Securities placement agents must be registered as broker-dealers with the SEC or qualify for an exemption; paying unregistered finders a transaction-based fee for securities introductions violates the Exchange Act. Non-exclusive finder fee agreements in M&A are governed by state law and enforceability varies widely by jurisdiction.",{"code":478,"name":479,"flag_asset_id":480,"note":481},"ca","Canada","flag-ca","Real estate brokerage is provincially regulated — requirements differ between Ontario (REBBA), British Columbia (RECBC), and other provinces, including mandatory disclosure forms and trust account rules. Securities intermediary activity is regulated by provincial securities commissions and CIRO (formerly IIROC); unlicensed securities brokerage activity is prohibited. Quebec brokerage agreements must be in French for provincially regulated industries.",{"code":483,"name":484,"flag_asset_id":485,"note":486},"uk","United Kingdom","flag-uk","Real estate agents in the UK are governed by the Estate Agents Act 1979 and must comply with the Consumer Protection from Unfair Trading Regulations 2008. Commercial brokerage and M&A advisory activity may require FCA authorization as a financial intermediary. Commission entitlement disputes are frequently litigated under the Commercial Agents (Council Directive) Regulations 1993, which provide statutory protection to agents operating on a continuing basis.",{"code":488,"name":489,"flag_asset_id":490,"note":491},"eu","European Union","flag-eu","The Commercial Agents Directive (86/653/EEC) grants significant statutory protections to agents and brokers operating on a continuing basis — including mandatory indemnity or compensation on termination, regardless of what the contract says. Financial intermediary activity is subject to MiFID II authorization requirements in most member states. GDPR applies to the handling of personal data relating to introduced counterparties, and brokerage agreements should include appropriate data processing provisions.",[251,244,247,456,493,494,495,496,497,498,499,500],"non-disclosure-agreement-nda-D12692","letter-of-intent_acquisition-of-business-D5197","commission-sales-agreement-D532","referral-fee-agreement-D12730","service-agreement-D12711","consulting-agreement---long-D12543","agreement-of-purchase-and-sale-of-business-assets-D318","general-power-of-attorney-D1037",{"emit_how_to":174,"emit_defined_term":174},{"primary_folder":94,"secondary_folder":503,"document_type":504,"industry":505,"business_stage":506,"tags":507,"confidence":513},"distribution-and-channel","agreement","general","all-stages",[508,509,510,511,512],"commission","contract","legal","brokerage-agreement","agent-representation",0.85,"\u003Ch2>What is a Brokerage Agreement?\u003C/h2>\n\u003Cp>A \u003Cstrong>Brokerage Agreement\u003C/strong> is a legally binding contract between a \u003Cstrong>principal\u003C/strong> — typically a property owner, business seller, fund manager, or employer — and a \u003Cstrong>broker\u003C/strong> who is engaged to identify and introduce qualified counterparties or transactions on the principal's behalf. The agreement defines the broker's mandate with precision, establishes the commission rate and the specific event that triggers it, sets exclusivity terms, protects the broker's fee entitlement through a post-termination tail period, and specifies the governing law. It is used across real estate, M&A advisory, private capital raising, insurance placement, and executive recruitment wherever an intermediary earns a transaction-based fee for facilitating a deal.\u003C/p>\n\u003Ch2>Why You Need This Document\u003C/h2>\n\u003Cp>Without a written brokerage agreement in place before introductions begin, both parties face significant exposure. The broker risks performing months of work — sourcing prospects, qualifying buyers, facilitating negotiations — only to find their commission disputed or denied because no documented entitlement exists. The principal risks a broker who exceeds their authority, incurs unreimbursed expenses, or claims commission on transactions the principal sourced independently. In regulated industries such as real estate and securities, an informal arrangement can void the commission obligation entirely if the broker's license status was never verified or warranted. A properly executed brokerage agreement, signed before the first introduction is made, protects the broker's fee, limits the principal's liability, satisfies regulatory requirements, and replaces a handshake with an enforceable record that holds up if the relationship breaks down.\u003C/p>\n",1779808902081]