THIS EXCLUSIVE LICENSE AGREEMENT, effective ________, 2020, is made between The Listing Solution Institute, LLC, whose address is 33253 Fern Court, New Haven, Michigan and ________________________, whose address is ________________________________.
WHEREAS, The National Association of Realtors and the Canadian Real Estate Association, have reported for many years that approximately eighty percent (90%) of all new real estate licensees do not survive at listing or selling real estate and…
WHEREAS, the Two Greatest Reasons why agents fail at getting good listings are:
- they do not learn what to say to convert good leads to saleable listings fast enough to survive, or well enough to be credible in the eyes of the sellers they contact, and
- They do not practice enough to have instant recall of what to say at the time it is needed to be said, and …
WHEREAS, the Listing Solution Institute LLC, has exclusive world rights to a radically new and superior approach to a training and coaching strategy that can give brokers reasonable expectations of having 60% to 80% of their newly licensed agents not only survive, but enjoy successful real estate careers, and…
WHEREAS, the training and coaching strategy is offered under the trade name of Certified Listing Expert Program™, and…
WHEREAS the Listing Solution Institute wishes to provide Exclusive License to the Certified Listing Expert Program to one main firm in each Defined Metropolitan Area, and…
WHEREAS CLIENT wishes to obtain such Exclusive License for its Metropolitan Area,
NOW THEREFOR, by their signatures below, the parties hereby agree to the following Terms and Conditions:
TERMS & CONDITIONS
- “Bresser Trust” means The Jerome K. and Jean W. Bresser Revocable Living Trust, the sole owner of the copyrights to all intellectual property and proprietary material created by Jerry Bresser.
- “LSI” means The Listing Solution Institute, LLC.
- CLIENT means the real estate firm acquiring the exclusive license to train and coach its agents to become Certified Listing Experts., and to earn Bachelor of Listing and Master of Listing Diplomas.
- “Exclusive Territory” means the metropolitan area defined in Addendum ‘A’, in which the Listing Solution Institute will license no other real estate brokerage firm to offer the Certified Listing Expert Program™ to its agents.
- Certified Listing Expert” means an individual real estate agent who has satisfied the Listing Solution Institute’s requirements of the Certified Listing Expert Program.
- “Team of Two™” means two independent contractor agents who agree be trained, coached and list residential properties together; take turns as Lead Agents in alternating appointments,; share equally in listings commissions earned, for the term of the Certified Listing Program.
- “Certified Listing Expert Program” means the complete plan where a) agents agree to be trained and coached for two hours daily, 4 days a week for forty weeks; make listing appointment and list as Teams of Two, at 15% of Gross Commission Income on listings only, b) where agents can earn designations as Certified Listing Experts and Bachelor of Listing diplomas; and c) where Brokers can earn ten percent (15%) of LSI’s gross income for their role in their agents’ success.
- “Facilitator” or “On-site Facilitator” means an individual who acts in the capacity of an assistant teacher/assistant coach and is physically present at CLIENT’s designated learning facility, to assist teams to learn the unique listing presentations and systems and reach their goals of earning their Certified Listing Expert and Bachelor of Listing designations.
- “Chief Facilitator” means the individual at LSI who is responsible for training and supervising Facilitators for client firms.
- “Listing Tools” means a) the digital or physical Persuasive Message Cards™; b) the Comparative Market Analyses™ template; c) Direct Buyer Test Card™ template; d) various proprietary Post Cards templates; e) showability checklist and similar copyrighted items to assist agents in representing their sellers.
- “Approved Listings” means all listings except leases and rental listings.
II. REPRESENTATIONS AND WARRANTIES:
- Bresser is the sole author of the all work used in the Certified Listing Expert Program;
- Bresser has transferred all copyrights to The Jean and Jerry Bresser Family Trust;
- Bresser Trust has the right, authority and legal capacity to grant the rights to the Listing Solution Institute, LLC;
- The Listing Solution institute has the right and authority to enter to a license agreement with CLIENT;
- The Material presented in the Certified Listing Expert Program does not infringe upon or violate any personal, proprietary or other right of any third party, including, without limitation, defamation, libel, slander or violation of any right of privacy or publicity or any copyright in underlying material.
- III. The Listing Solution Institute hereby agrees:
- To grant CLIENT an exclusive license to train and coach its agents in the Certified Listing Expert Program to the Greater CITY area of STATE/ PROVINCE_________,
- By granting an exclusive license to a CLIENT, the Listing Solution Institute agrees that it will not offer the Certified Listing Expert training to any other brokerage firms in client’s exclusive area as long as this Agreement stay in force.
- To provide all relevant recorded and printed training material necessary, to teach, train, and coach CLIENT’s agents on What To Say for all occasions, all circumstances, all client behavior patterns, and all decision making styles, and What to Do to build successful Independent Contractor businesses.
- To develop new materials and strategies as needed to keep the training of listing residential resale properties relevant to then current market conditions,
- To train, supervise, and compensate on-site Facilitator(s) to assist CLIENT’s agents in learning the language and strategies needed to reach their listing production goals and to earn their designations as Certified Listing Experts and their Master of Listing diplomas,
- To provide a Facilitator’s Handbook with daily schedules for practice and assignments,
- To provide CLIENT’s Broker and Managers with a ‘Candidate Selection Process’ to recruit agents more likely to be trainable and coachable and to more likely complete the Certified Listing Expert Program and earn theirDesignations as Certified Listing Experts.
- To provide a Listing Skills Evaluation System™ for agents to measure their growth and improvement as Listing Experts; and to make the Listing Skills Evaluation System data available to Broker and Managers.
- To provide each agent with a Listing Success Calculator app to help agents determine the number of daily contacts needed to reach listing production goals and to measure their skill improvement.
- To provide weekly written or recorded messages to help agents develop the winning attitudes and habits to become Certified Listing Experts and earn Master of Listing diplomas.
IV. CLIENT hereby agrees:
- To enroll a minimum of 20 Teams (40 agents) into the Certified Listing Expert Program in orderto qualify for an Exclusive License in CLIENT’s Metropolitan area.
- To maintain the exclusive license CLIENT agrees to continue having Teams of Two trained until Client’s agents are obtaining Fifty Percent (50%) of the potential listing market.
- To have each agent complete the Agent Enrollment Application shown in Addendum “B” and forward the original to LSI.
- To appoint an individual to be trained and supervised by the Listing Solution Institute as CLIENT’s Facilitator for the on-site training and coaching,
- To provide one or more training rooms or sites where Facilitator and Teams of Two can meet daily for Training and Practice.
- To promote the special significance and benefits to CLIENT and agents of having the exclusive rights to participate in the Certified Listing Expert program and what that can mean for the company’s and agents’ futures.
- CLIENT is not permitted to teach the Certified Listing Expert copyrighted language and systems to any agents not officially enrolled in the Program, except a small amount as an inducement to company agents to enroll others.
- That, although agents are independent contractors licensed with CLIENT’s firm, the agents must meet the Listing Solution Institute’s requirement’s to qualify for Certified Listing Expert designation and Master of Listing diplomas.
- To work closely with the Listing Solution Institute and the on-site Facilitator to maximize agents’ success,
- To assist in helping CLIENT’s agents to form Team of Two™ Partnerships,
- To encourage participating agents to earn their Certified Listing Expert certification and Master of Listing diplomas,
- Have all Facilitators and managers sign non-compete, non-disclosure agreements regarding proprietary Certified Listing Expert program and trade secrets,
- Immediately, on each applicable closing, forward to LSI a copy of the Trade Record Sheets.
- Immediately, on each applicable closing, forward the Listing Solution Institute’s agreed fees. CLIENT can bundle a check but amounts must be clearly attributed to individual agents.
- V. MISCELANEOUS:
- TERM: This Agreement and the rights and obligations of both LSI and CLIENT under this Agreement shall continue for the Term of five (5) years, unless terminated for cause or by joint agreement
- CHOICE OF LAW. This Agreement shall be governed by and construed in accordance with the laws of the State of Michigan and venue shall lie exclusively in Macomb County, Michigan..
- CONTROVERSY. Any controversy or claim arising out of or relating to this contract, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial [or other] Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.
- NOTICES. All notices under this Agreement shall be in writing addressed to the addresses first set forth above, or at such other address as either party may designate from time to time by written notice to the other. All notices shall be served by facsimile and U.S. mail, electronic mail, recognized courier services such as Federal Express or DHL or personal delivery addressed as specified above. The date of receipt by facsimile, electronic mail or courier, as the case may be, shall be the date of service of notice.
- COUNTERPARTS. This agreement may be signed in counterparts. Facsimile, scanned or electronic copies shall be deemed originals for all purposes.
- ENTIRE AGREEMENT This agreement constitutes the entire agreement between the parties hereto with respect to all of the matters herein and its execution has not been induced by, nor do any of the parties hereto rely upon or regard as material, any representations or writing whatsoever not incorporated herein and made a part hereof. No amendment or modification hereto shall be valid unless set forth in a writing signed by both parties.
IN WITNESS WHEREOF the parties hereto have caused this Agreement to be duly executed and delivered as of the day and year first above written.
For Listing Solution Institute For __________________________________
Print Name __________________________________________________________________
Exclusive Territory Description
CLIENT’S Exclusive Territory is the Metropolitan Area of _______[ Major City and or County ____________________
(Add detail as necessary.)
AGENT ENROLLMENT APPLICATION
I UNDERSTAND that, ______________________________________________, the real estate firm at which I am licensed, has acquired a license as the Exclusive Affiliate in the Greater _________ area as an extension of the Listing Solution Institute, LLC, so as to provide its approved agents the unique Training Coaching of their Certified Listing Expert Program, through which I can obtain the designation of Certified Listing Expert and a Master of Listing Diploma, and also be recognized as a Graduate of the Listing Solution Institute.
___ I hereby attest that my application to attend this course is voluntary and not obligated by my broker and that I have read, understand and agree to the terms and conditions required by The Listing Solution Institute enumerated below.
Terms and Conditions
(Reminder for drafting this agreement: Real estate agents are independent contractors; LSI has licensed the Broker to provide the training and coaching; the broker is sub-contracting the actual training back to LSI; the Broker /Firm takes the 15% of GCI , keeps some for their part of the
I understand that the materials needed to attend the Certified Listing Expert Program include a Language Book, A Partner Practice Workbook, and a set of Presentation Cards titled The Listing Solution Collection.
I understand and agree that the course materials detailed above are the sole property of the Listing Solution Institute and are on loan to me for the duration of the program.
I understand that two agents, using the same Listing Strategies, going on seller appointments as a Team of Two, will most likely list twice as many residential properties and earn twice the commissions, compared to the sum of their individual efforts; therefore
I agree to form a Team of Two™ partnership with another agent until we, as a team, have had fifty (50) approved residential property listings sell and close.
I understand that, except for course materials, the fee for the Certified Listing Expert Program will be based on 15% of the Gross Commissions on fifty (50) residential property listings that sell and close.
By my signature, I grant permission to my broker to pay a training fee equivalent to 15% of the Gross Commission Income (GCI) on fifty (50) sold listings as compensation for the training and coaching.
I understand that the Certified Listing Expert Program provides me with a unique Listing Skills Evaluation Analysis that will assist me in measuring my skill growth and development after every listing appointment.
I understand that this Certified Listing Expert Program will provide me with two hours of daily training and practice, five days a week for forty weeks. I agree, to the best of my ability, to attend all practice sessions, fulfill daily assignments, and complete the Listing Skill Evaluation Analysis after each listing appointment.
I understand that the course material for the program remains the property of the Listing Solution Institute, and that upon completion of 50 sold listings, I have the option of purchasing.
I understand that this agreement will stay in effect until fifty (50) listing sell, either as a Team of Two or as an individual working independently.
I understand that this agreement may be terminated upon written request and upon termination of my real estate license
I understand that the Listing Solution Institute is not a non-accredited institution.
I understand and accept the following criteria to qualify as a Certified Listing Expert:
- Eighty percent (80%) of appointments with motivated sellers agree to list.
- Will have listed and sold 50 properties in 18 months of less.
- Will have 80% of listings sell at Above-Average prices.
- Will have 80% of listings sell in faster-than-average times.
- Will get a Listing-a-Week for 8 weeks on 1 occasions.
- Will have approximately 38 of the 50 listings sell at average of local residential values.
- Will have 2 or more listings from family or friend referrals.
- Will have 2 or more listings from local vendor referrals
- Will get a Listing-a-Day for 5 consecutive days on 1 occasions.
- Will seldom lose when competing for listings.
- Will seldom have listings expire.
I understand that, in addition to the criteria required to be a Certified Listing Expert, the following criteria is required to obtain a Master of Listing Diploma.
- Will have 8 listings sell at two times the average of local property values.
- Will have 4 listings sell at three times the average of local property values.
- Will have 6 or more listings from local vendor referrals.
- Will have 4 listings from Sellers’ Listing Seminars.
- Will get a Listing-at-Will (in 48 hours) on 2 occasions.
- Will get a Listing-a-Day for 5 consecutive days on 1 occasions.
Please accept my application to enroll in the Certified Listing Expert Program.
Print Name (Please Print Clearly)
State/Province Zip Code/Postal Code
Real Estate License # Issued in State/Province
Cell phone Number e-mail
Details Concerning Facilitators
Facilitators are keys to success of program
- Facilitators may be appointed by the CLIENT, but will be supervised and accountable to the Chief Facilitator of The Listing Solution Institute.
- The Facilitator is CLIENT’s direct connection to the Listing Solution institute.
- If desired by CLIENT, the Listing Solution Institute will find and engage a Facilitator and assign him/her to Client’s company.
- Facilitators must sign non-disclosure and non-compete agreements.
- Facilitators will be paid at a percentage of payments from closings on listings sold by participating teams under Facilitator’s care and guidance.
- Facilitators will be accountable for the listing success of Teams under their care. They will be in daily contact with Teams of Two in the program.
- Facilitators may not provide agents with un-authorized material found on other websites as the items may be copyright protected.
- LSI retains right to qualify or dis-qualify Facilitators.
Facilitator Duties/ Obligations
- Start/stop recorded training and practice sessions.
- Keep attendance records.
- Assist teams in learning / memorizing language.
- Assist teams in learning to work together.
- Assist teams in securing a listing every week.
- Assist agent teams in lead generation.
- Organize call-for-appointment times,
- Verify Team’s daily application to Listing Skill Evaluation System™
- Show unwavering belief that Team of Two Partners can become Certified
- Listing Experts and earn Bachelor of Listing Diplomas.
V Addendum ‘D’
Non – Compete – Non- Disclosure Agreement
Brokers, Managers, Agents and Facilitators must sign Non-compete and Non-disclosure agreements.
(To by prepared by attorney.)