This agreement sets forth the terms and conditions under which Appraiser will perform appraisal assignments and will be compensated for services as performed on behalf of Avisso in his/her capacity of independent contractor Appraiser. And independent contractor Appraiser is an individual who has established a service provider relationship with Avisso, but is not employee or agent of Avisso.
Nature of relationship:
Appraiser is an independent contractor. Appraiser expressly agrees to be outside supplier of services when and as desired by both parties. Appraiser is acting as an independent contractor and not as an employee or agent of Avisso. This agreement does not create or evidence and a employer employee, principal agent, or joint venture relationship between Appraiser and Avisso an Appraiser is not, and shall not represent him/her, to be an employee of Avisso. Appraiser is an independent contractor and is not eligible to participate in or receive any benefit from any benefit plan, program or other arrangement that may, from time to time, be available to employees of Avisso including, but not limited to, any health, disability, or life insurance, vacation, holiday pay, sick leave, profit-sharing or pension plans. Avisso will not provide Worker's Compensation insurance for Appraiser. In states where Worker's Compensation insurance is required for the Appraiser, the Appraiser shall obtain at his/her cost than necessary insurance and shall provide proof of sent insurance to Avisso, if requested. Appraiser is solely responsible for payment of all applicable taxes and withholdings respecting all payments made under this agreement, and for all claims, damages and/or lawsuits arising out of the acts of Appraiser and Appraiser's employees, subcontractors and agents. Appraiser certifies that all of Appraiser's employees who will be directly involved in providing services in accordance with this agreement meet the requirements listed in the conviction of crime section of the Avisso Appraiser company standards policy agreement.
Placement on the Avisso approved Appraiser panel does not guarantee assignment of appraisal work to an Appraiser, a minimum amount of work to an Appraiser, or guarantee an amount of compensation.
Appraiser shall be responsible for all of Appraiser's own expenses, except for those that Avisso, in its sole discretion, agrees to pay, in advance and confirm in writing, on Appraiser's behalf.
Consideration for services performed by the independent contractor Appraiser is governed by the following terms:
- Upon completion of each appraisal, Appraiser shall be entitled to the agreed upon fee as shown on the appraisal order form.
- Avisso is Appraiser's client. Appraiser will not invoice Avisso clients directly. Appraiser will not need to invoice Avisso directly is all invoicing is handled automatically through our accounting department.
- Avisso reserves the right from time to time to decrease the fee payable for any product listed, upon 30 calendar days written notice to Appraiser, and the decreased fee will apply to all new assignments ordered 60 days after the notice. Avisso further reserves the right to increase the fee payable for any product listed at any time, without notice, for any reason.
- Appraiser agrees that any arrangement for compensation for appraisal services between Appraiser and Avisso is confidential in nature and should not be discussed with or communicated to any third party without the express written consent of Avisso, except to the extent any such discussion or communication is mandated by or protected under applicable law.
Prior to the commencement of work under this Engagement Agreement and it all times during its term, and to the extent that any insurance is carried on a claims made basis, also for such period thereafter that claims may be legally made with respect to the occurrences during the term, Appraiser shall carry and maintain in force, and Appraiser's expense, Worker's Compensation, liability, errors and omissions, or similar type of insurance. Policies must provide coverage levels appropriate insufficient to support the payment of all potential claims that may arise from Appraiser's performance of services and Appraiser's indemnification obligations under this Engagement Agreement, and shall: be primary and non-contributory with respect to any insurance or self-insurance that may be maintained by Avisso or its affiliates; be carried with companies rated a VI or better by AM Best; contain a requirement that Avisso be given written notice at least 30 days prior to any modification, cancellation or non renewal; and contain a waiver of all rights of subrogation against Avisso and its affiliates.
Avisso may amend this Engagement Agreement at any time by providing written notice to Appraiser of any changes in existing terms for inclusion of any additional terms. Such amendment shall become effective no earlier than 30 calendar days from the date of notice of amendment.
Term and termination:
Either Party may, upon 30 calendar days written notice to nonterminating party, terminate this agreement without cause. Subject to any notice requirements mandated by applicable law, Avisso may also terminate this agreement immediately upon Appraiser's breach of the terms of this agreement.
Appraiser will indemnify and hold harmless Avisso, and each Avisso entity for any liability arising out of Appraiser's work product or for the release of any appraisals without Avisso's permission. Appraiser is liable for payment of any legal fees, claims, damages, losses and liabilities resulting from Appraiser's work product or nonperformance of the duties and obligations identified herein.