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, 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. Should the vessel be destroyed, damaged, and deemed totaled or unsalable for any reason during the listing period (including but not limited to hurricanes and/or other natural or unnatural catastrophes) seller hereby acknowledges that Golden Gate Boat Sales shall be entitled to Ten Percent (10%) of any funds received by Owner(s) of the vessel from the loss thereof and payable upon receipt of such funds.
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 inspection, sea trial and marine survey purposes. The owner, at the time of Sea Trial, will pilot the vessel himself or provide a licensed Captain or agent.
5. This agreement shall remain in effect until the Vessel is sold unless cancelled by either party. Notice of cancellation must be in writing, giving the other party thirty (30) days prior notice of the effective date of cancellation. If this agreement is cancelled by the Owner within the first ninety (90) days Owner agrees to pay The PHOTOSTIX® Corp. d/b/a GOLDEN GATE BOAT SALES a Seven Hundred ($700.00) Dollar advertising fee. Owner further acknowledges that all advertising works are the sole property of and ©2009 The PHOTOTOSTIX® Corp., d/b/a/ GOLDEN GATE BOAT SALES and may not be reproduced by Owner or Owner's Agents without prior written permission from Broker. Any use or reproduction of advertising (including but not limited to photos text and ad content) works by Owner after the cancellation date is subject to a usage fee of Seven Hundred ($700.00) dollars payable in full upon receipt of invoice. Upon cancellation, this agreement will convert to an Open Listing Agreement.
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 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, unless traded in towards purchase of new vessel through The PHOTOSTIX® Corp. d/b/a GOLDEN GATE BOAT SALES.
8. Should the Vessel be donated during the term of this Agreement or within one (1) year thereafter, 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:
SALES EXECUTIVE'S SIGNATURE: ________________________________ DATE:
BROKER'S SIGNATURE: _________________________________________ DATE:
BROKER: Jerry Chiappetta, Jr., President / CEO For: The PHOTOSTIX® Corp. d/b/a GOLDEN GATE BOAT SALES
OWNER INFORMATION
NAME:
ADDRESS, City, State, Zip:
TELEPHONE: CELLULAR:
FAX: EMAIL:
FULL ADDRESS OF VESSEL LOCATION:
LOCATION OF SALON HIDE-A-KEY IN COCKPIT:
SPECIAL SHOWING INSTRUCTIONS: By appointment only. Broker will call prior to showings.
At this time, PRINT this document out. Then, sign and date in the spaces provided above and fax to: 239-354-9890. After printing, click the SEND THIS FORM NOW button below before leaving this page. Thank You for your listing!