1. CommissionAgreement
This Commission Agreement (this "Agreement") is made effective as of November 14, 2021, by and
between By The Lake Investments, of 4202 Elsrode Ave, Baltimore, Maryland, 21214 and Independent
Contractor, of _________________, _________________, _________________, _________________.
A. By The Lake Investments is engaged in the business of Real Estate Investments. Independent
Contractor will primarily perform the job duties at the following location: _________________,
_________________, _________________.
B. By The Lake Investments desires to have the services of Independent Contractor.
C. Independent Contractor is willing to be employed by By The Lake Investments.
Therefore, the parties agree as follows:
1. EMPLOYMENT. By The Lake Investments shall employ Independent Contractor as a(n) Cold Caller.
Independent Contractor shall provide to By The Lake Investments the following services:
Job duties include:
Reach out to property leads through cold calling.
Coordinate sales effort with team members and other departments through CRM.
Assist sales department with arranging meetings and sales calls with property owners.
Maintain a list of potential leads and follow up with property owners on a consistent basis.
Maintains positive business relationships to ensure future acquisitions.
Coordinate with Robert Zanders and Danny Brown with potential sellers to get property under contract.
Independent Contractor accepts and agrees to such employment, and agrees to be subject to the general
supervision, advice and direction of By The Lake Investments and By The Lake Investments's supervisory
personnel.
2. BEST EFFORTS OF EMPLOYEE. Independent Contractor agrees to perform faithfully, industriously,
and to the best of Independent Contractor's ability, experience, and talents, all of the duties that may be
required by the express and implicit terms of this Agreement, to the reasonable satisfaction of By The Lake
Investments. Such duties shall be provided at such place(s) as the needs, business, or opportunities of By The
Lake Investments may require from time to time.
3. COMMISSION PAYMENTS. By The Lake Investments will make commission payments to
Independent Contractor based on Total purchase price of the acquisition and sale of the property of 1%. This
commission will be paid monthly on the first day of the following month.
Accounting. By The Lake Investments shall maintain records in sufficient detail for purposes of
determining the amount of the commission. By The Lake Investments shall provide to Independent
Contractor a written accounting that sets forth the manner in which the commission payments were
calculated.
2. Right to Inspect. Independent Contractor, or Independent Contractor's agent, shall have the right to
inspect By The Lake Investments's records for the limited purpose of verifying the calculation of the
commission payments, subject to such restrictions as By The Lake Investments may reasonably impose
to protect the confidentiality of the records. Such inspections shall be made during reasonable business
hours as may be set by By The Lake Investments.
4. RECOMMENDATIONS FOR IMPROVING OPERATIONS. Independent Contractor shall provide
By The Lake Investments with any information, suggestions, and recommendations regarding By The Lake
Investments's business, of which Independent Contractor has knowledge, that will be of benefit to By The
Lake Investments.
5. CONFIDENTIALITY. Independent Contractor recognizes that By The Lake Investments has and will
have information regarding the following:
- processes
- trade secrets
- customer lists
- prices
- costs
- business affairs
- future plans
- Owner Information including property addresses, phone numbers, mailing addresses, email addresses
etc.
and other vital information items (collectively, "Information") which are valuable, special and unique assets
of By The Lake Investments. Independent Contractor agrees that Independent Contractor will not at any time
or in any manner, either directly or indirectly, divulge, disclose, or communicate any Information to any
third party without the prior written consent of By The Lake Investments. Independent Contractor will
protect the Information and treat it as strictly confidential. A violation by Independent Contractor of this
paragraph shall be a material violation of this Agreement and will justify legal and/or equitable relief.
6. UNAUTHORIZED DISCLOSURE OF INFORMATION. If it appears that Independent Contractor has
disclosed (or has threatened to disclose) Information in violation of this Agreement, By The Lake
Investments shall be entitled to an injunction to restrain Independent Contractor from disclosing, in whole or
in part, such Information, or from providing any services to any party to whom such Information has been
disclosed or may be disclosed. By The Lake Investments shall not be prohibited by this provision from
pursuing other remedies, including a claim for losses and damages.
7. CONFIDENTIALITY AFTER TERMINATION OF EMPLOYMENT. The confidentiality provisions
of this Agreement shall remain in full force and effect for a period of 5 years after the termination of
Independent Contractor's employment. During such period, neither party shall make or permit the making of
any public announcement or statement of any kind that Independent Contractor was formerly employed by
or connected with By The Lake Investments.
8. NON-COMPETE AGREEMENT. Independent Contractor recognizes that the various items of
Information are special and unique assets of the company and need to be protected from improper disclosure.
In consideration of the disclosure of the Information to Independent Contractor, Independent Contractor
agrees and covenants that during employment and for a period of 2 years after the termination of
employment for any reason, whether such termination is voluntary or involuntary, Independent Contractor
will not directly or indirectly engage in any business competitive with By The Lake Investments.
Directly or indirectly engaging in any competitive business includes, but is not limited to: (i) engaging in a
business as owner, partner, or agent, (ii) becoming an employee of any third party that is engaged in such
business, (iii) becoming interested directly or indirectly in any such business, or (iv) soliciting any customer
of By The Lake Investments for the benefit of a third party that is engaged in such business. Independent
3. Contractor agrees that this non-compete provision will not adversely affect Independent Contractor's
livelihood.
9. EMPLOYEE'S INABILITY TO CONTRACT FOR EMPLOYER. Independent Contractor shall not
have the right to enter into any contracts or commitments for or on behalf of By The Lake Investments
without first obtaining the express written consent of By The Lake Investments.
10. TERM/TERMINATION. Independent Contractor's employment under this Agreement shall be for 2
months or longer, beginning on November 15, 2021. This Agreement may be terminated by By The Lake
Investments upon 14 days written notice, and by Independent Contractor upon 14 days written notice. If
Independent Contractor is in violation of this Agreement, By The Lake Investments may terminate
employment without notice and with compensation to Independent Contractor only to the date of such
termination. The compensation paid under this Agreement shall be Independent Contractor's exclusive
remedy.
11. TERMINATION FOR DISABILITY. By The Lake Investments shall have the option to terminate this
Agreement, if Independent Contractor becomes permanently disabled and is no longer able to perform the
essential functions of the position with reasonable accommodation. By The Lake Investments shall exercise
this option by giving 30 days written notice to Independent Contractor.
12. COMPLIANCE WITH EMPLOYER'S RULES. Independent Contractor agrees to comply with all of
the rules and regulations of By The Lake Investments.
13. RETURN OF PROPERTY. Upon termination of this Agreement, Independent Contractor shall
promptly deliver to By The Lake Investments all property which is By The Lake Investments's property or
related to By The Lake Investments's business (including but not limited to keys, records, notes, data,
memoranda, models, and equipment) that is in Independent Contractor's possession or under Independent
Contractor's control.
14. NOTICES. All notices required or permitted under this Agreement shall be in writing and shall be
deemed delivered when delivered in person or on the third day after being deposited in the United States
mail, postage paid, addressed as follows:
Employer:
By The Lake Investments
Danny Brown
CEO
4202 Elsrode Ave
Baltimore, Maryland 21214
Employee:
Independent Contractor
_________________
_________________, _________________ _________________
Such addresses may be changed from time to time by either party by providing written notice in the manner
set forth above.
4. 15. ENTIRE AGREEMENT. This Agreement contains the entire agreement of the parties and there are no
other promises or conditions in any other agreement whether oral or written. This Agreement supersedes any
prior written or oral agreements between the parties.
16. AMENDMENT. This Agreement may be modified or amended, if the amendment is made in writing
and is signed by both parties.
17. SEVERABILITY. If any provision(s) of this Agreement shall be held to be invalid or unenforceable for
any reason, the remaining provision(s) shall continue to be valid and enforceable. If a court finds that any
provision(s) of this Agreement is invalid or unenforceable, but that by limiting such provision it would
become valid or enforceable, then such provision shall be deemed to be written, construed, and enforced as
so limited.
18. WAIVER OF CONTRACTUAL RIGHT. The failure of either party to enforce any provision(s) of this
Agreement shall not be construed as a waiver or limitation of that party's right to subsequently enforce and
compel strict compliance with every provision of this Agreement.
19. APPLICABLE LAW. This Agreement shall be governed by the laws of the State of Maryland.
20. SIGNATORIES. This Agreement shall be signed by Danny Brown, CEO on behalf of By The Lake
Investments and by Independent Contractor in an individual capacity. This Agreement is effective as of the
date first above written.
EMPLOYER:
By The Lake Investments
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By: Date:
Danny Brown
CEO
AGREED TO AND ACCEPTED.
EMPLOYEE:
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By: Date:
Independent Contractor