THIS ESCROW PAYMENT AGREEMENT (the "Agreement") dated {today}, for property at
The Broker / Agent :
(the 'Client')
- AND -
ShowSpace of 36600 N Pima Rd suite 204, Carefree, AZ 85377, USA
(the "Contractor").
BACKGROUND:
The Client is of the opinion that the Contractor has the necessary qualifications, experience and abilities to provide services to the Client.
The Contractor is agreeable to providing such services to the Client on the terms and conditions set out in this Agreement.
IN CONSIDERATION OF the matters described above and of the mutual benefits and obligations set forth in this Agreement, the receipt and sufficiency of which consideration is hereby acknowledged, the Client and the Contractor (individually the "Party" and collectively the "Parties" to this Agreement) agree as follows:
Services Provided
The Client hereby agrees to engage the Contractor to provide the Client with services (the "Services") consisting of:
3D Photography to include 3D Scans, images, and drone photography.
The Services will also include any other tasks which the Parties may agree on. The Contractor hereby agrees to provide such Services to the Client.
Floor Plans
Drone imaginary
Virtual Staging
The term of this Agreement (the "Term") will begin on the date of this Agreement and will remain in full force and effect indefinitely until terminated as provided in this Agreement.
In the event that Client terminates the home listing, that Client will be required to provide at least one half of the total cost of the project to the contractor within 1 week of listing cancellation. In the event that either Party breaches a material provision under this Agreement, the non- defaulting Party may terminate this Agreement and require the defaulting Party to indemnify the non-defaulting Party against all reasonable damages.
Except as otherwise provided in this Agreement, the obligations of the Contractor will end upon the termination of this Agreement.
Performance
The Parties agree to do everything necessary to ensure that the terms of this Agreement take effect.
Currency
Except as otherwise provided in this Agreement, all monetary amounts referred to in this Agreement are in US Dollars.
Compensation
For the services rendered by the Contractor as required by this Agreement, the Client will provide compensation (the "Compensation") to the Contractor as follows:
Total amount to be billed:
To be paid for on the Closing Statement on the closing day of escrow Funds to be wire dispersed to ShowSpace account, USAA Bank Routing, #314074269, Account # 0294850031
The Compensation as stated in this Agreement does not include sales tax, or other applicable
duties as may be required by law. Any sales tax and duties required by law will be charged to the Client in addition to the Compensation.
Ownership of Materials and Intellectual Property
All intellectual property and related materials (the "Intellectual Property") including any related work in progress that is developed or produced under this Agreement, will be the sole property of the Client. The use of the Intellectual Property by the Client will not be restricted in any manner. The Contractor may not use the Intellectual Property for any purpose other than that contracted for in this Agreement except with the written consent of the Client. The Contractor will be responsible for any and all damages resulting from the unauthorized use of the Intellectual Property.
Capacity/Independent Contractor
In providing the Services under this Agreement it is expressly agreed that the Contractor is acting as an independent contractor and not as an employee. The Contractor and the Client
acknowledge that this Agreement does not create a partnership or joint venture between them, and is exclusively a contract for service.
Governing Law
It is the intention of the Parties to this Agreement that this Agreement and the performance under this Agreement, and all suits and special proceedings under this Agreement, be construed in accordance with and governed, to the exclusion of the law of any other forum, by the laws of Arizona, without regard to the jurisdiction in which any action or special proceeding may be instituted.
Severability
In the event that any of the provisions of this Agreement are held to be invalid or unenforceable in whole or in part, all other provisions will nevertheless continue to be valid and enforceable with the invalid or unenforceable parts severed from the remainder of this Agreement.
Waiver
The waiver by either Party of a breach, default, delay or omission of any of the provisions of this
Agreement by the other Party will not be construed as a waiver of any subsequent breach of the same or other provisions.