1. I/We,, (hereinafter referred to as the "Owner")
hereby appoint The PHOTOSTIX® Corp. d/b/a GOLDEN GATE BOAT SALES (hereinafter referred to as "Broker") as Central Agent for the sale of the Vessel Named The Length of the said vessel is: feet Year: Manufacturer: Model: Hull ID# Document# Registration# (hereinafter referred to as the "Vessel"), and therefore grants Broker the exclusive right to manage the sale of the Vessel. The Vessel will be offered for sale at the gross asking price of: $ (Asking Price Spelled Out) U.S. DOLLARS. Broker agrees to submit any and all offers of any type to Owner for consideration. The Owner agrees to sell the Vessel to a customer of Broker, or to a customer of a sub-listed broker, who is ready, willing and able to purchase the Vessel at this price, or at any other price and terms acceptable to the owner.
2. The Owner agrees that Broker is providing a beneficial service in the interest of both the Owner and the Vessel by advertising the vessel for sale, presenting it to the potential buyers, distributing listing information to the brokerage industry, and providing information regarding marketability of the Vessel. Subsequently, Broker is authorized to distribute vessel specifications to its clients and to other brokers qualified to negotiate a sale. It will be the responsibility of the Owner to supply Broker with all pertinent information regarding the Vessel including pictures and plans and all detailed information, and to notify Broker of any changes of location, price or specifications of the Vessel. It will also be the responsibility of the Owner to remove all personal belongings prior to closing.
3. Upon the sale, trade or exchange of the Vessel, or if it is otherwise transferred during the term of this Agreement by the Owner, or by anyone acting on behalf of the Owner including a bank repossion, the Owner agrees to pay Broker a fee of ten percent (10%) of the gross sale price, and not less than Two Thousand Dollars ($2,000.00) for boats sold under Twenty Thousand Dollars ($20,000.00). Any sub-listing broker involved in the sale shall receive his fee from Broker. The sale, trade or exchange of a majority of the stock or equitable interest of a corporation, limited partnership or other entity holding title to the Vessel by Owner shall be interpreted as a sale for the purposes hereof.
4. It is explicitly understood and agreed that Broker does not assume and is not appointed care, custody or control of the Vessel. It is further agreed that the procuring of such docking and/or mooring space for the Vessel by Broker for the purpose of making the Vessel available for inspection by potential buyers is not to be deemed as an assumption of the custody or control of the Vessel by Broker. The possession, custody and control of the Vessel shall at all times remain as the Owner designates for the safety, security and protection of the Vessel at whatever location the Vessel is moored or stored for the purposes of being available for inspection by potential buyers, and Broker shall not be deemed to be responsible for the security, safety or protection of the Vessel during this period of time, and shall not be responsible for any damage or loss to the Vessel. Permission is hereby given to Broker for its salesmen and sub-listed brokers to board and show the Vessel, by appointment, or as otherwise agreed. The Owner shall keep the Vessel fully insured (including personal liability) for broker showings, inspections, sea trials and marine survey purposes. The owner, at the time of Sea Trial agrees to pilot the vessel himself/herself or provide a licensed Captain or agent to operate the vessel on their behalf. Owner acknowledges that at the time of listing he/she will provide Broker with a copy of the Vessel Title (or USCG Vessel Document); copy of the Vessel Registration (and Trailer Registration if applicable); and copy of his/her Drivers License.
5. This agreement shall remain in effect for a minimum of Ninety (90) days and can be cancelled by either party thereafter with a Thirty (30) day written notice of cancellation acknowledged by the Broker and Owner. Should Owner sell or trade the vessel durning the term of this agreement to any party without having The PHOTOTOSTIX® Corp., d/b/a/ GOLDEN GATE BOAT SALES involved in the sales transaction, Owner agrees to pay Broker a Ten Percent (10%) Sales Commission based on the full listing price mentioned above in item number one (1). Owner acknowledges that all advertising works are the sole property of and Copyright 1995 - 2017 The PHOTOTOSTIX® Corp., d/b/a/ GOLDEN GATE BOAT SALES and may not be reproduced by Owner or Owners Agents without prior written permission from Broker. After the expiration of this agreement, any unauthorized use or reproduction of Broker's advertising works (including but not limited to photos text and ad content) by Owner is subject to a usage fee of ten percent (10%) of the original asking price of vessel as stated above in item number one (1) and to be paid by Owner to Broker within five (5) banking days by Bank Wire Transfer to Broker upon Broker providing evidence that such works were in fact used by Owner. Upon cancellation, this agreement will convert to an Open Non-Exclusive Listing Agreement unless the Owner elects to enter into a Central Exclusive Listing Agreement with another Licensed Yacht & Ship Brokerage Firm.
6. Broker will advertise the Vessel, as it deems advisable. If special advertising is requested by the Owner, Broker will assist in the preparation of such ads and make its contract advertising rates available to Owner.
7. Owner further agrees to pay the same fee of ten percent (10%) should he/she at any time within one (1) year after termination of this Agreement sell, trade, exchange or otherwise transfer or convey the Vessel in any manner to any party registered with the Owner (by email) to whom the Broker or one of its sub-listed brokers has provided information concerning, or shown, the Vessel during the term of this Agreement.
8. Should the Vessel be donated during the term of this Agreement, the Owner agrees that the Broker will handle the donation without charge to the Owner and the commission payable in connection therewith shall be paid by the Donee.
9. Broker shall endeavor and use its best efforts according to the standard of the industry to procure a buyer for the Vessel, and Owner agrees to refer immediately to Broker all inquiries or offers received from other brokers or parties interested in purchasing the Vessel during the term of this Agreement. Broker will be entitled to the commission described herein if the Vessel is sold solely by the Owner or by any other broker to a buyer referred by the Owner.
10. In the event that the Owner enters into a Purchase Agreement to sell the Vessel and pursuant to that Purchase Agreement Owner retains liquidated damages on account of the buyer's breach of that contract, then those liquidated damages shall be applied first to pay all expenses incurred in Broker's attempt to sell the Vessel (including, but not by way of limitation, surveys and haul outs), and then the remainder shall be divided equally between Owner and Broker, provided, however, that Broker's share shall in no event exceed the commission set forth in this Agreement.
11. This Agreement shall be governed by Florida law, both as to interpretation and performance. The parties shall resolve any dispute arising from this Agreement through arbitration in Naples, Florida, in accordance with the rules of the American Arbitration Association, and the decision of the arbitrator(s) shall be final and binding. The prevailing party in any proceeding shall be entitled to recover its reasonable attorneys' fees from the non-prevailing party as part of the arbitration award.
12. This Agreement is binding on Broker and Owner, their heirs, executors, successors, administrators and assigns.
OWNER'S SIGNATURE: __________________________________________ DATE:
CO-OWNER'S SIGNATURE: __________________________________________ DATE:
BROKER'S SIGNATURE: _________________________________________ DATE:
Employing Yacht & Ship Broker: Jerry Chiappetta, Jr., President / CEO
ADDRESS, City, State, Zip:
FULL ADDRESS OF VESSEL LOCATION: