• Showing Delegation Agreement

    Last Updated: 11/11/2019

     

    Showingly provides a matchmaking service to connect busy Agents who do not wish to conduct their own showings (“Delegating Agents”) with nearby Agents willing to act as Showing Assistants on behalf of the Delegating Agents for the purposes of showing homes to the Delegating Agent’s clients.The business relationship between Delegating Agents and Showing Assistants is that of independent contractors. This notice and acknowledgement provides you with information pertinent to your usage of this service, and the relationship between Delegating Agent and Showing Assistant. Be advised, you are encouraged to use your own agreements and seek your own legal counsel if you desire. Showingly does not, and will not, provide any legal advice under any circumstances. Furthermore, Showingly is not a party to any agreement between Delegating Agent and Showing Assistant. This is an agreement between Delegating Agent and Showing Assistant that precedes usage of Delegation features on the Showingly platform.

     

    BY AGREEING TO THESE TERMS DURING THE SHOWING DELEGATION FEATURE ACTIVATION, YOU ACCEPT THESE TERMS. IF YOU DO NOT AGREE WITH THESE TERMS, YOU SHOULD NOT ACCEPT THEM, IN WHICH CASE YOU DO NOT HAVE THE RIGHT TO USE THE SHOWINGLY’S SHOWING DELEGATION FEATURES.

    1. Provision of Services and Fees. If engaged in a showing delegation transaction, Showing Assistants shall show the selected property to a Delegating Agent’s client in accordance with the terms of the agreement between Delegating Agent and Showing Assistant, in accordance with Showingly’s Showing Assistant Policies and Procedures. Failure to provide the services as agreed upon, or the payment as agreed upon, shall be grounds for expulsion from the Showingly platform. You acknowledge that you are solely responsible for any travel or other costs incurred in connection with the performance of the services, and in no event shall Showingly reimburse you for any such costs or expenses. 
      1. Delegating Agent Fees.Agents may choose to delegate their showings to a Showing Assistant. If you decide to do so, you enter into a transaction with the Showing Assistant when you request to delegate a showing, and agree to pay the total fees indicated at the time of this request. Where required by law, this amount charged will also be inclusive of applicable taxes. The Assistant, not Showingly, is responsible for performing the Services outlined in Showingly’s Showing Delegation Agreement and Showingly’s Showing Assistant Policies and Procedures. Fees are subject to change at any time for any reason, as we will continue to develop our pricing algorithms. Delegating Agents acknowledge that payment will be nonrefundable if they cancel within 2 hours of showing time.
      2. Showing Assistant Payment.Agents may choose to act as Showing Assistants within the platform by agreeing to Showingly’s Showing Delegation Agreement. Picking up a showing request from a Delegating Agent enters you into a transaction with the Delegating Agent. Showingly’s role is to facilitate the transaction and the total amount charged to the Delegating Agent may include a service fee payable to Showingly. The Assistant, not Showingly, is responsible for performing the Services outlined in Showingly’s Showing Delegation Agreement and Showingly’s Showing Assistant Policies and Procedures. Fees and Showing Assistant Payout are subject to change at any time for any reason, as we will continue to develop our pricing algorithms. Showing Assistants acknowledge that Delegating Agents reserve the right to terminate the showing appointment. In the event the appointment is terminated within 30 minutes of appointment time, the Showing Assistant will receive the agreed upon payout that they would have received had they conducted the showing.
      3. Responsibilities of Showing Assistant.The Showing Assistant agrees and warrants that his or her only responsibility and requirement is to open the property to the buyer and remain on premises during the viewing. Any substantive conversation about e.g. the price, the real estate market, the neighborhood, and/or the condition of the property is expressly prohibited, and Showing Assistant will refrain from such communication. Showing Assistant agrees not to directly or indirectly solicit, contact (including but not limited to email, regular mail, express mail, telephone, fax, and instant message), attempt to contact or meet with the Delegating Agent’s client for purposes of offering or accepting goods or services similar to or competitive with those offered by the Delegating Agent. Showing Assistant also explicitly waives any claims that they are the procuring cause of the sale for any client exposed through their relationship as a Showing Assistant to the Delegating Agent for a period of three years.
      4. Responsibilities of Delegating Agent. SHOWINGLY DOES NOT VERIFY OR WARRANTY THAT A) THE BUYER’S AGENT HAS AN EXCLUSIVE RIGHT TO BUY OR OTHER EXCLUSIVITY AGREEMENT (OR ACCEPT THE RISK THAT THERE IS NOT SUCH AN AGREEMENT), B) WHETHER ANY PARTIES REPRESENTATIONS ARE TRUE OR CORRECT, C) THAT THE SHOWING ASSISTANT IS WILLING OR ABLE TO FULFILL THE SERVICES AGREED TO, D) THAT THE SHOWING ASSISTANT WILL NOT PROVIDE ANY COMPETITIVE INFORMATION (I.E. GIVING AN OPINION OF PRICE, AND/OR CONDITION OF THE PROPERTY AND/OR SOLICITING THE CLIENT (EVEN THOUGH THESE ACTIONS ARE STRICTLY PROHIBITED UNDER SHOWINGLY’S TERMS OF USE AND THIS SHOWING DELEGATION AGREEMENT). Furthermore, Delegating Agent accepts exclusive responsibility to secure any permission created through any agency or required by a third party including a brokerage. Some forms include broker and licensed real estate agent disclosures, broker consent forms, client subagent consent forms and/or any other form suggested by respective broker. The responsibility to determine if these forms, or any additional permission is required is exclusively the Delegating Agent’s responsibility, and Showingly has no responsibility and/or has no liability to secure such permissions orally or in writing.
    2. Relationship of the Parties.The relationship between Showingly and any Delegating Agent or Showing Assistant is strictly that of an unaffiliated match-maker, and the usage of the Showingly service shall not be deemed to create any employment or independent contractor relationship with Showingly. The relationship between any Delegating Agent and Showing Assistant is that of independent contractors. This Agreement shall not be construed to create any association, partnership, joint venture, employee, or agency relationship for any purpose between you and Showingly, or you and any Delegating Agent or Showing Assistant, respectively. You have no authority (and shall not hold yourself out as having authority) to bind Showingly and you shall not make any agreements or representations on Showingly’s behalf or on behalf of any Delegating Agent or Showing Assistant.  
    3. Conduct.At all times Delegating Agent and Showing Assistant shall comply with all applicable rules and policies of their real estate license and company policies relating to business and office conduct, health and safety, and use of the facilities, supplies, information, technology, equipment, and other resources. Showing Assistants will conduct showings in line with Showingly’s Showing Assistant Policies and Procedures.
    4. Non-Circumvention.Assistant agrees not to contact or initiate contact at any time for any purpose, either directly or indirectly, the Delegating Agent’s client, or any officers, directors, shareholders, consultants, attorneys, employees, agents or other affiliates of the client, or any other property or properties whose identity was revealed through the efforts of Delegating Agent, unless such approval is specifically granted in written form by the Delegating Agent on a case-by-case basis. Showing Assistant further agrees not to undertake any transaction or a series of transactions of any kind with the Delegating Agent’s client or to collect any fees in connection with the Delegating Agent’s client without the express prior written agreement of the Delegating Agent, in which agreement may be withheld in Delegating Agent’s sole discretion.

     

    BY CLICKING “ACCEPT AND AGREE” YOU SPECIFICALLY ACKNOWLEDGE AND AGREE YOU WILL NOT CIRCUMVENT, OR ATTEMPT TO CIRCUMVENT, THIS AGREEMENT OR THE RELATIONSHIP BETWEEN THE DELEGATING AGENT AND THEIR CLIENT. IF YOU VIOLATE THIS PROVISION YOU WILL BE IMMEDIATELY REMOVED FROM THE SHOWINGLY PLATFORM, BANNED FROM REGISTRATION FOR LIFE, AND YOU MAY FACE LAWSUITS RELATED TO YOUR TORTIOUS INTERFERENCE, OR DISCIPLINARY ACTION PER YOUR LICENSURE. YOU AGREE YOU WILL BE HELD LIABLE FOR AND WILL FORFEIT YOUR RIGHT TO ANY COMMISSIONS OR FEES COLLECTED FROM THE DELEGATING AGENT’S CLIENT.

     

    [ ] I ACCEPT AND AGREE TO NON-CIRCUMVENTION

     

    5. Non-Solicitation. Each of Delegating Agent and Showing Assistant agree that following the termination or expiration of the showing to be completed as per this Agreement, you shall not make any solicitation to employ the other party’s personnel without prior written consent of the other party.

     

    6. Representations and Warranties. Each of Delegating Agent and Showing Assistant represent and warrant to each other and Showingly that you have the right to enter into this Agreement, to grant the rights granted herein and to perform fully all of your obligations in this Agreement. You hold and active and valid Real Estate License, you have the required skill, experience, and qualifications to perform the services, and you shall perform the services in a professional and workmanlike manner in accordance with industry standards for similar services, and you shall devote sufficient resources to ensure that the services are performed in a timely, reputable, and reliable manner. You shall perform the services in compliance with all applicable federal, state and local laws and regulations.

     

    7. Indemnification. Each of Delegating Agent and Showing Assistant shall indemnify and hold harmless Showingly and its affiliates, officers, directors, employees, agents, successors and assigns from and against all losses, damages, liabilities, deficiencies, actions, judgments, interest, awards, penalties, fines, costs or expenses of any kind (including reasonable attorney’s fees) arising or resulting from bodily injury, death of any person or damage to real or tangible, personal and real property resulting from your acts or omissions, or your breach of any representation or warranty in this Agreement.

     

    8. Termination. Any Party may terminate this Agreement, effective immediately upon written notice to the other party to this Agreement, if the other party breaches this Agreement.

     

    9. Other Business Activities. Each of Delegating Agent and Showing Assistant may be engaged or employed in other business, trade, profession, or other activity while providing services to the other party.

     

    10. Assignment. Neither party shall assign any rights, or delegate or subcontract any obligations under this Agreement without the prior express written consent of the other party. Any assignment in violation of the foregoing shall be null and void.

     

    11. Governing Law. This Agreement, and all matters arising out of or relating to this Agreement, whether sounding in contract, tort, or statute, are governed by and construed in accordance with the laws of the State of Colorado, without giving effect to conflict of laws or provisions thereof to the extent such principles or rules would require or permit the application of the laws of any jurisdiction other than those of the State of Colorado.

     

    By clicking the “accept” button, you acknowledge and agree that you have read and understood the foregoing, and intend to be bound by the terms and conditions contained herein.

     

    [ ] I ACCEPT THE TERMS OF THE SHOWING DELEGATION AGREEMENT