The PHOTOSTIX® Corp. d/b/a GOLDEN GATE BOAT SALES

1720 Golden Gate Boulevard East, Naples, Florida 34120 USA

Phone: 239-430-BOAT(2628)   Fax: 239-354-9890   www.GoldenGateBoatSales.com


OPEN NON-EXCLUSIVE LISTING AGREEMENT

1. I/We,, (hereinafter referred to as the "Owner") hereby appoint The PHOTOSTIX® Corporation d/b/a GOLDEN GATE BOAT SALES (hereinafter referred to as "Broker") as Listing Agent for the sale of the Vessel Named , The Length of the said vessel is: feet, Year:, Manufacturer: , Model: , Hull ID#: , (hereinafter referred to as the "Vessel"), and therefore grants Broker the right to manage the sale of the Vessel. The Vessel will be offered for sale at the gross asking price of: $ , U.S. DOLLARS. Broker agrees to submit any and all offers of any type to Owner for consideration.

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 digital photos 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 of the Vessel by Broker, the Owner agrees to pay Broker a fee of ten percent (10%) of the gross sale price and acknowledges a minimum commission of $2,000.00 for boats sold under $20,000.00. Any sub-listing broker involved in the sale shall receive his fee from Broker. Seller agrees to permit Broker to adjust the asking price of the Vessel according to market conditions providing that the seller receives no less than from the sale of the Vessel.

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 canceled by either party by giving the other party thirty (30) days' prior written notice of cancellation, however, this agreement shall remain in effect for a minimum of ninety days (90).

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. Broker shall endeavor and use its best efforts according to the standard of the industry to procure a buyer for the Vessel. This being an Open Listing Agreement, Broker will not be entitled to the commission described herein if the Vessel is sold solely by the Owner or to a buyer referred by the Owner.

8. 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.

9. This Agreement is binding on Broker and Owner, their heirs, executors, successors, administrators and assigns.

OWNER'S SIGNATURE: _______________________________________________ DATE:

BROKER: Jerry Chiappetta, Jr., President / CEO The PHOTOSTIX® Corp. d/b/a GOLDEN GATE BOAT SALES

BROKER'S SIGNATURE: ______________________________________________ DATE:

OWNER INFORMATION

NAME:

ADDRESS:

CITY, STATE and ZIP:

TELEPHONE: FAX:

CELLULAR: EMAIL:

FULL ADDRESS OF VESSEL LOCATION:

LOCATION OF HIDE-A-KEY IN COCKPIT:

SPECIAL SHOWING INSTRUCTIONS: By appointment only.

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!


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