1. PARTIES:
    1. The parties to this agreement are:
      1. Brokers: Bryan Bjerke TREC Lic 562021 - Designated Broker of "Brokerage";
      2. and Associate: , #
  1. DEFINITIONS:
    1. “Designated Broker” is the licensed real estate broker who is the named broker for the brokerage.
    2. “Brokerage” means the entity or firm that sponsors the associate for real estate activities.
    3. “Brokerage services” means assistance and services to prospects that are reasonably necessary to negotiate and bring about the successful closing of transactions for the sale, purchase, or lease of real estate.
    4. “Files” means any documents, instruments, contracts, written agreements, disclosures, memoranda, books, publications, records, correspondence, reports, data, lists, compilations, studies, surveys, images, and all other data, whether in written or electronic format, which are related to Broker’s real estate business. The term “files” includes  excludes Associate’s prospect lists.
    5. “Prospect” means: (1) a buyer, prospective buyer, seller, prospective seller, landlord, prospective landlord, tenant, or prospective tenant of real estate; or (2) a client or customer of Broker or Associate.
    6. “Real estate business” means all business related to the acts of a real estate broker as defined by Section 1101.002, Occupations Code (the Real Estate License Act).
    7. “Client Manager” is a proprietary client relationship management software that is for storing client contact information, transaction information, and files.
    8. “Fees” means any commission or compensation that is due for brokerage services that have or will be provided.
  2. BEST EFFORTS: Associate will use Associate’s best professional efforts to:
    1. solicit listings and prospects for Broker’s real estate business; and
    2. provide brokerage services to prospects procured by or assigned to Associate.
  3. EXCLUSIVE ASSOCIATION:

Associate will perform the services contemplated by this agreement exclusively for Designated Broker. Associate may not engage in the brokerage of businesses or in the management of property without Broker’s knowledge and written consent.

  1. LEGAL AND ETHICAL COMPLIANCE:

When delivering brokerage services to prospects and when otherwise performing under this agreement, the parties agree to comply with all applicable laws and standards of practice, including but not limited to the Real Estate License Act, the Rules of the Texas Real Estate Commission, the Code of Ethics of the National Association of REALTORS®, the bylaws of the national, state, and applicable local associations of REALTORS®, any rules and regulations of any listing services to which the parties may subscribe, and any standards or policies Designated Broker adopts.

  1. LICENSES AND TRADE ASSOCIATIONS:
    1. Broker’s License and Membership Status: Designated Broker is a licensed real estate broker in the State of Texas and is a member of the National Association of REALTORS®, the Texas Association of REALTORS®, and the following local associations of REALTORS®:GTAR, MetroTex, HAR, ABOR, SABOR, FHAAR, CTX
    2. Designated Broker will maintain Broker’s license and REALTOR® membership status active and in good standing at all times while this agreement is in effect.
    3. Associate’s License and Membership Status: Associate is a licensed real estate salesperson broker in the State of Texas and will become a member of the National Association of REALTORS®, the Texas Association of REALTORS®, and the local associations of REALTORS® if they choose to conduct residential sales or leasing transactions.
    4. Associate will maintain Associate’s license, and REALTOR® membership if applicable, in active status and in good standing at all times while this agreement is in effect.
  1. INDEPENDENT CONTRACTOR:
    1. Contractor: Associate is an independent contractor and is not Broker’s employee.
    2. Brokerage will not withhold any amounts for taxes from the fees paid to Associate under this agreement, unless ordered to do so by a court of law or the Internal Revenue Service.
    3. For all purposes, including but not limited to the Federal Insurance Contributions Act (“FICA”), the Social
      Security Act, the Federal Unemployment Tax Act (“FUTA”), income tax withholding requirements, Texas
      Personal Income Tax Withholding (“PIT”), Texas Unemployment Insurance Taxes (“UI”), Texas Disability
      Insurance (“SDI”), the Worker’s Compensation Act (“WCA”), and all other applicable federal, state and
      local laws, rules and regulations, the Associate , and Associate’s respective employees, if any, shall be
      treated as independent contractors having only such authority to act for the Company as is expressly set
      forth in this Agreement and not as employees of Brokerage or any corporate affiliate of Brokerage.
    4. Associates Statement of Understanding:

(1) I am a salesperson duly licensed in the State of Texas and am affiliated as an independent contractor with the above-named Designated Broker.

(2) I have paid all my own license fees and membership dues required under the Independent Contractor Agreement with Broker and have not received reimbursement from Broker.

(3) I have paid all of my own automobile and transportation expenses and have not received reimbursement from Broker.

(4) I have paid all entertainment and other incidental expenses in connection with soliciting listings and procuring prospects and have not received reimbursement from Broker.

(5) Broker has not required me to maintain any specific schedule.

(6) I have not had to consult with Broker regarding scheduling of my vacations or working hours.

(7) I have received no salary or sick pay and I am compensated on a commission basis.

(8) I have paid my own income and FICA taxes.

(9) My association with Brokerage may be terminated by the Brokerage, Designated Broker, or Associate at any time upon notice given to the other party; but the rights of the parties to any fees which accrued before termination are not divested by the termination.

  1. ASSOCIATE’S AUTHORITY:
    1. Signing Brokerage Service Agreements: Associate may sign listing agreements, buyer or tenant representation agreements, and commission agreements on Broker’s behalf provided that Associate complies with Paragraph 5 and any standards and policies Designated Broker adopts with respect to signing such agreements.
    2. Submission of Records: All files, lease verifications, listings, representation agreements, commission agreements, proposals, addendums, amendments to agreements, and other documents related to transactions for brokerage services that Associate procures or signs must be taken in Broker’s name and must be submitted to Designated Broker within 3 days after execution, receipt, or other agreement is taken by Associate.
    3. Cancellations or Termination of Brokerage Service Agreements: Associate may not cancel, terminate, or compromise any agreement to which Brokerage or Designated Broker is a party without Designated Broker or Brokerage’s written approval.
    4. Other Agreements: Unless specifically authorized by this agreement or by Designated Broker in writing, Associate may not bind or obligate Designated Broker to any agreement or relationship.
    5. The associate may not engage in any real estate activities that the associate has not been specifically approved for by the Designated Broker. Approval can only be obtained by: (1) The Approved Real Estate Activities Addendum must be completed, and (2) have the Designated Broker’s signature with the real estate activity from which the associate is wanting to engage.
    6. NON-CIRCUMVENTION - It is anticipated that during the course of dealings, Brokerage may reveal to Associate certain strategies and business methods as well as lists of vendors, contractors, employees, members, properties, clients, and prospects (each, a “Designated Party”), which is the proprietary information and property of the Brokerage. From the Effective Date and for a period of one (1) year following the Termination of all Services, Associate will not solicit or consummate a transaction with a Designated Party to obtain the Services or services similar to those provided to Associate by Brokerage. Associate further agrees not to circumvent, attempt to circumvent, or permit any other party or persons on its respective behalf to circumvent Brokerage in any way, manner, or form regarding any transaction involving any Designated Party during the term of this Agreement in order to provide or obtain the Services or similar Services or establish a Competing Business. Notwithstanding the above, nothing in this section shall prohibit Associate from continuing any ongoing relationship with a Designated Party that existed prior to the Effective Date. The provisions of this section shall survive any termination or completion of the Services. For purposes of clarity, although any leads referred to Associate are considered Brokerage Candidates or Brokerage Clients and owned by Brokerage (as provided above), any subsequent leads or referrals derived from any such Brokerage Candidates or Brokerage Clients by the Associate shall be owned by the Associate, and are hereby excluded from the limitations of this Section.
  2. FILES AND CONFIDENTIALITY OF OPERATIONS:
    1. Obligation to Maintain a File: In any transaction related to Brokerage’s real estate business in which Associate is involved that contains all applicable items described under the definition of “files” under Paragraph 2B. The Associate must create a client record in the Client Manager and upload those files to the client record. These files are the property of the Designated Broker to hold for a minimum of 4 years according to TREC Rule 535.146(c6,and e).
    2. Confidentiality of Files: The parties agree that all files related to Designated Broker’s real estate business are Designated Broker’s confidential business property. Associate agrees to hold all files and information in the files confidential and not disclose such information to any person without Broker’s knowledge and consent unless: (1) required by law or a court order to disclose such information; or (2) such information is otherwise public information. Prospects and Operations: Unless required by law or expressly permitted by Designated Broker, Associate may not furnish any person with information about: (1) Brokerage’s prospects or Brokerage’s relationship with any prospects; or (2) Designated Broker and Brokerage’s policies and business operations.
    3. Proprietary Information: During the term of this Agreement, the Associate may have access to Brokerage’s internal records, systems and methods of operating its business, trade secrets, Brokerage Clients, Brokerage Candidates, sources, leads, property contacts, address lists, price lists, methods, meetings, training materials, contract information and other confidential or proprietary information related to the Services. The Associate agrees that all such information is the exclusive property of
      Brokerage, irrespective of whether such information was created or prepared by the Associate or others. The Associate further agrees that the Associate will not, at any time, in any manner, directly or indirectly, disclose such information to any person or entity, or use such information other than in furtherance of the purposes of Brokerage. Upon termination of this Agreement, the Associate will deliver to Brokerage all property of Brokerage, including any written memorial of, or documents relating to, the information described above, in whatever manner maintained or stored. The Parties agree that this Paragraph shall survive the termination of this Agreement for five (5) years.
    4. Intellectual Property: Brokerage owns and will continue to own all its intellectual property wherever found and in whatever form, including, without limitation, any lists and related information for Brokerage leads, clients, prospects, properties, and all other intellectual property used in the marketing and/or delivery of Services (“Broker IP”). With respect to any works created by Associate in connection with the Services (the “New IP”), Brokerage shall exclusively own all rights, title, and interest in and to
      such New IP, including copyrights, trade secrets, patents, trademarks, and other intellectual property rights with respect to the Services created by Brokerage or at Brokerage’s direction pursuant to these Terms. Such works shall be considered “Work for Hire” and deemed to be automatically transferred to Brokerage upon creation, and Associate shall retain no rights in or to such works. The provisions of this paragraph shall survive any termination or completion of the Services. For purposes of clarity, neither Broker IP nor New IP will include any intellectual property created by Associate completely independent of Brokerage resources, nor any intellectual property that is created after the termination of this Agreement.
    5. Survival: This Paragraph 9 survives termination of this agreement.
  1.  
  1. OWNERSHIP OF AGREEMENTS:

All agreements for brokerage services in which Designated Broker is named as a party are owned exclusively by Brokerage.

Note: Clients procured by the associate are solely owned by the associate and the Designated Broker will transfer the associates pending transactions to a new broker in the event the associate decides to change brokerages as long as there are not any pending investigations or litigation due to the associates actions while they were under this agreement.

  1. RECEIPT OF MONEY BY ASSOCIATE:
    1. Compliance with Contracts: Associate must promptly deposit all checks or funds Associate receives in trust for others in accordance with the contracts under which the checks or funds are received. Associate may not maintain a separate trust, escrow, or management account for real estate business purposes.
    2. Receipt of Brokerage Fees: Unless otherwise authorized in writing by Designated Broker, Associate must deliver any compensation for brokerage services received from any client, customer, escrow agent, title company, prospect, or any other person to Broker for disbursement in accordance with this agreement, including but not limited to any check, credit card, debit card, draft, or any negotiable instrument made payable or issued to Associate.

  2. ADVERTISING:
    1. All advertising related to Broker’s real estate business, including brokerage services performed by Associate, may be placed only with Designated Broker’s knowledge and consent. Brokerage will, at Brokerage’s discretion, include Associate’s name in such advertising when appropriate. Associate will not cause any advertisement that is related to Brokerage’s real estate business to be published without Designated Broker’s prior knowledge and consent.
    2. “Advertising” includes any written or oral statement which is intended to induce the public to use Associate’s or Brokerage’s services, and includes without limitation all publications, newsletters, radio or television broadcasts, all electronic media including e-mail and the Internet, business stationary, business cards, signs, and billboards.

  3. ASSIGNMENT OF PROSPECTS:
    1. Definition: Under this Paragraph 13, “assign” means to appoint an associate to deal with prospects that Associate procures or with other brokers or associates.
    2. Reassignments: Designated Broker may reassign a prospect with whom Associate deals to another associate if:

(1) Designated Broker determines that a reassignment of the prospect is necessary for the orderly, ethical, or lawful operation of Designated Broker’s real estate business; (2) Associate is not capable of continuing to service the prospect; or (3) this agreement terminates.

  1. ASSOCIATE’S COMPENSATION:
    1. Brokerage Fees are Paid to Broker: All fees and compensation that Broker or Associate earn for providing brokerage services to prospects (for example, compensation earned under listing agreements, buyer or tenant representation agreements, agreements between brokers) are payable to the Broker.
    2. Amount of Associate’s compensation: Broker will pay Associate compensation for the brokerage services that Associate provides under this agreement.
    3. When Associate’s compensation is Earned and Payable: Associate’s compensation under this agreement are earned at the time Broker’s fees are earned under the applicable agreements for brokerage services that Associate performs for Broker. Associate’s compensation under this agreement are payable when Broker receives Broker’s compensation under the applicable agreements for brokerage services, unless the fees are subject to arbitration, litigation, or a court order.
    4. Disputes between Associates: If another associate of Broker claims a compensation from a transaction for which Associate also claims a compensation, the amount of the compensation payable to Associate will be divided between Associate and the other associate claiming the compensation in accordance with an agreement between them. If no such agreement is reached, the dispute will be resolved by Broker’s internal dispute resolution policy; and, if no such policy exists, by arbitration. Before disbursing any compensation, Broker may require written authorization from any associate claiming the compensation. Associate agrees not to hold Designated Broker or Brokerage liable for holding, in trust, any disputed funds between associates.
    5. Delinquent Brokerage compensation: Brokerage and Designated Broker are not liable to Associate for any compensation not collected from a prospect. Brokerage and Designated Broker retain complete discretion to enforce or not enforce any agreement for brokerage services with a prospect.
    6. Bonuses: Associate may not accept any compensation, bonus, or other compensation directly; whether such is in money, gift cards, credit cards, trips, or other benefits or personal property unless written consent is provided by the Broker.
    7. Compensation upon Reassignment of Prospects: If Broker reassigns a prospect with whom Associate deals to another associate or if Broker reassigns a prospect with whom another associate deals to Associate, Broker will pay Associate a compensation.
    8. Other: If an attached compensation schedule or other document incorporated into this agreement does not specifically address the amount of the fee or compensation due to Associate under any given circumstances, the amount of the fee or compensation will be an amount that Broker determines is reasonable and equitable.
    9. Assignment of compensation: Associate may not assign any interest in fees or compensation due under this agreement to any other person.

  2. EXPENSES:
    1. No Liability for Another’s Expense: Unless the parties agree otherwise, Designated Broker is not liable for any expense incurred by Associate.
    2. Special Expenses: “Special expenses” means expenses that Brokerage incurs for (Note: Special expenses may include items such as desk fees, transaction fees, sponsorship dues). Special expenses will be:(1) deducted from the gross fees that Broker receives under this agreement for brokerage services and paid to the providers of the special services before calculating Associate’s fees payable under this agreement. (2) invoiced to Associate by Broker and will become payable upon receipt of the invoice.
    3. License and Membership Fees: Each party is responsible to pay all their respective license and membership fees. Associate must immediately reimburse Designated Broker any fee, expense, or penalty that Designated Broker incurs as a result of the associate’s negligence.
    4. Automobile Expenses: Associate will furnish his or her own automobile and pay all such expenses. Brokerage nor Designated Broker are not liable or responsible for Associate’s automobile or its expenses. Associate must maintain liability and property damage insurance satisfactory to Designated Broker. If Associate fails to maintain the required insurance in full force and effect at times this agreement is in effect, Designated Broker may: (1) purchase insurance that will provide Designated Broker with the same coverage as required by this paragraph 15 and Associate must immediately reimburse Designated Broker for such expense; or (2) terminate this agreement.
    5. Other Expenses: Associate is responsible for all of Associate’s expenses necessary to perform the services required of Associate under this agreement, including but not limited to, license fees, association dues, entertainment costs, club dues, mobile phone expenses, education expenses, computer service access charges, periodical expenses, and other related expenses. Although not obligated to do so, if Broker pays any such expense for or on behalf of Associate, Associate will reimburse Broker such amount upon demand.
  1. DEFENSE OF DISPUTES AND LITIGATION:
    1. Cooperation: If a dispute, litigation, or complaint against Brokerage, Designated Broker or Associate occurs in a transaction in which Associate is involved and which is related to Designated Broker’s real estate business, the parties will cooperate fully with each other in defending the action.
    2. Insurance Deductible: If Brokerage, Designated Broker and Associate are named as defendants in a dispute, litigation, or complaint, any deductible for errors and omissions insurance that may cover the defense or payment of any liability under the dispute, litigation, or complaint will be paid as follows:
      • Mutual Defense: If any defense expenses are not paid by an errors and omissions insurer, Broker and Associate will share all such expenses and costs related to defend the dispute, litigation, or complaint in the same proportion as they would share the fee resulting from the transaction as if there were no dispute, litigation, or complaint; provided that both Broker and Associate are named as defendants or respondents to the dispute, litigation, or complaint. If either party determines that it cannot mutually defend a dispute, litigation, or complaint with the other party, each party will be responsible for its own costs to defend the dispute, litigation, or complaint from the time one party notifies the other of such a determination.
    3. Defense Management in a Mutual Defense: If the parties mutually defend a dispute, litigation, or complaint, Designated Broker maintains sole discretion to: (1) determine whether to defend or compromise the dispute, litigation, or complaint; (2) employ attorneys or other experts; (3) direct the course of any defense strategy; and (4) determine the terms and conditions of any compromise or settlement, provided that Designated Broker may not obligate Associate to pay anything of value without Associate’s written consent.
    4. Liability for Damages: Except as provided in Paragraph 16B(i), each party is responsible for the payment of any amounts for which it is found liable. The sharing of defense costs provided in this Paragraph 16 does not apply to the payment of damages for which a party is found liable by a court of law, arbitrator, or state agency.
      1. Any Associate Fees or Commissions earned while there is a pending Dispute or Litigation is subject to be held by the Designated Broker until the conclusion said Dispute or Litigation, and any payments owed to the Broker for reimbursement of damages, legal fees, administrative costs, and/or settlement costs will be deducted from the held Associate Fees and any remaining monies will be sent to the Associate. If the amount owed to the brokerage exceeds what is held by the Broker, then the agent will be invoiced for the remainder and will have 30 days to pay the Broker.
    5. Reimbursement and Indemnity: If Designated Broker is found to be liable by a court, arbitrator, or government agency as a result of Associate’s negligence, misrepresentations, fraud, false statements, violation of the Real Estate License Act, or violation of any other state or federal statute, Associate will indemnify and reimburse Designated Broker all such amounts and all attorney’s fees, costs, and other expenses necessary to defend the action including those defense costs that were previously shared under this Paragraph 16.
    6. Survival: This Paragraph 16 survives the termination of this agreement.
  1.  
  1. PROSECUTION OF CLAIMS:

For all matters related to Designated Broker’s real estate business, Designated Broker retains sole discretion to prosecute, complain, compromise, or settle any claim that Designated Broker may have against any other person, including but not limited to other brokers, and Broker’s or Associate’s clients, customers, and prospects.

  1. TERMINATION:
    1. Either Party may Terminate: Either party may terminate this agreement, with or without cause, by providing written notice to the other party.
    2. Entitlement to Fees: Any fee to Associate that remains unpaid on the date of termination will be paid to the agent unless there is pending litigation or investigations that the agent is party to while conducting real estate activities for the Broker.
    3. Services to Prospects: Upon termination of this agreement, all of the prospects procured by the associate during the term of this agreement will be transferred with the agent to the next broker from whom the associate is sponsored.
    4. Associate’s Obligations upon Termination: At the time this agreement ends, Associate must: (1) cease all negotiations and other dealings that concern Designated Broker’s real estate business commenced by Associate before this agreement ends; (2) turn over to Designated Broker all files related to Designated Broker’s real estate business and that Associate may have or control.
    5. Files: Associate may not remove any files related to Designated Broker’s real estate business from Brokerage’s office or Client Manager without Designated Broker’s prior knowledge and consent. Associate is entitled to copies of relevant documents concerning pending transaction in which Associate has a bona fide interest. Designated Broker will not unreasonably withhold copies of such documents.
    1.  
  1. NOTICES: All notices under this agreement must be in writing and are effective when hand-delivered, mailed, sent by facsimile transmission, or sent by electronic mail from one party to the other.

  2. AGREEMENT OF THE PARTIES:

Addenda: Attached to and incorporated into this agreement are:

⌧ W9;
⌧ Approved Real Estate Activities;

Entire Agreement: This document contains the entire agreement between the parties and may not be changed except with written notice.

  1. No Assignment: Neither party may assign this agreement or any interest in this agreement without the written consent of the other party.
  2. Heirs and Successors: The parties’ obligations under this agreement and the parties’ entitlement to any compensation, reimbursement, or indemnity under this agreement inures to the benefit of the respective party’s successors, permitted assigns, heirs, executors, and administrators.
  3. Controlling Law: The laws of the State of Texas govern the interpretation, validity, performance, and enforcement of this agreement.
  4. Severable Clauses: If any clause in this agreement is found to be invalid or unenforceable by a court of law, the remainder of this agreement will not be affected and all other provisions of this agreement will remain valid and enforceable.
  5. Waiver: Waiver of any provision in this agreement by any party is effective only if the waiver is in writing. A waiver, whether in writing or otherwise, may not be construed as a waiver of any subsequent breach or failure of the same provision or any other provision of this agreement. This is intended to be a legally binding agreement.

 

READ IT CAREFULLY. If you do not understand the effect of this agreement, consult your attorney BEFORE signing.

ASSOCIATE:

 

Authorized Representative:

 

Bryan Bjerke

Print Name

 

Print Name

 

0562021

TREC License Number

 

TREC License Number

 

Bryan.Bjerke@spiritre.com

Email Address

 

Email Address

 

(469)400-0749

Phone Number

 

Phone Number

 

 

Street Address

 

 

,

 

 

City, State, Zip

 

 

 

Leave this empty:

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Signed by Bryan Bjerke
Signed On: November 24, 2025


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INDEPENDENT CONTRACTOR AGREEMENT
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