Nationwide Mobile Closings, LLC can meet your needs for real estate closings, same day or last minute, anytime anywhere

Terms & Conditions

Re: Independent Contractor Services Agreement (the “Agreement”)

This Agreement will serve as a formal agreement between you and any affiliated company ( “you”, “”your” or “Contractor”) as an independent contractor, and Mobile Closings LLC, dba as Nationwide Mobile Closings, LLC (the “Company”) for the performance of Services as outlined by the Company below. Services may commence as of the date signed below (effective date of this Agreement) and remain effective until terminated by the Company.

Services:
The following items outline the key services you will provide. This list is not all encompassing and other items may be defined from time to time:
  • Provide professional Notary Closer services

Services are to be performed in a professional manner. You are expected to follow all closing instructions and directions from the Company. If there are conditions of funding the loan(s), you must ensure these conditions are met by sending the requested signed documents by facsimile [or scanning to a pdf file and sending by e-mail] to the Lender and/ or Company, as applicable. With regards to the funding number provided by the Lender, the Contractor must telephone the Company and provide the funding number and request permission to disburse funds on all loans if this information was not provided prior to closing. In addition:

  1. You will confirm with the Company that you have contacted the borrower and/or seller and that introductions have been made and the time for the closing has been set.
  2. You will not depart the closing location without notifying the Company.
  3. You will notify the Company upon an issue arising regarding the closing assigned and follow the directions given by the Company before notifying any other party.
  4. You will notify the Company as directed that the closing assigned to you has been consummated without exceptions/issues or your compensation for services could be withheld. This email must include the loan file number and any other information requested by the Company.
Compensation:
Your compensation will be provided in the following manner:
  • The Company will pay you an amount for your services associated with work performed depending upon the services requested by the Company. The Company’s policy is to remit amounts due you within 30-45 days depending upon the date of the closing(s) Services are rendered. .

Your relationship with the Company in connection with providing Services is that of an independent contractor, and nothing in this Agreement will be construed to create any other relationship. As an independent contractor, you are responsible for complying with all applicable laws and regulations, and you will assume all risks incident to your performance of Services as an independent contractor. This includes, but is not limited to, responsibility for all applicable Federal, state and local income taxes, licenses and fees and for all insurance as may be necessary for your protection in connection with your performance of Services.

Confidentiality:

Contractor hereby acknowledges you will or may be making use of, acquiring and adding to confidential information of a special and unique nature and value affecting and relating to the Company and its operations, including, but not limited to, the Company’s business, the identity of the Company’s customers and suppliers, the names and addresses and phone numbers of representatives and employees, mailing lists, financial information, prices, selling prices of the Company’s products and services, its business practices, marketing strategies, expansion plans, the company’s contracts, business records and other records, the Company’s trade secrets, techniques used in the Company’s business, know-how and technologies, whether or not patentable, and other similar information relating to the Company and the Company’s business (all the foregoing regardless of whether same was known to Contractor prior to the date hereof or is or becomes known to third parties is hereinafter referred to collectively as “Confidential Information”), all of which provides Company with a competitive advantage and none of which is readily available except to authorized representatives, agents and employees of Company. The Contractor further recognizes and acknowledges that all Confidential Information is the exclusive property of the Company, is material and confidential, and greatly affects the goodwill and effective and successful conduct of the company’s business. Accordingly, Contractor hereby covenants and agrees that the Contractor will use the Confidential Information only for the benefit of the Company and shall not at any time, directly or indirectly, during the term of the Agreement or afterward, divulge, reveal, or communicate any Confidential Information to any person, firm, corporation or entity whatsoever, or use any Confidential Information for the Contractor’s own benefit or for the benefit of others, including without limitation the solicitation of any employees, agents, representatives, consultants or suppliers of the Company or its successors and assigns. Confidential information shall not include information that is, or becomes generally available to the public through no violation of this Agreement by Contractor, or which is generally known within the industry.

If you are requested or required (by oral questions, interrogatories, requests for information or documents, subpoena, civil investigative demand or similar process) to disclose any Information, you will provide the Company with prompt notice of such request so that the Company may seek an appropriate protective order or waive compliance with the provisions of this Agreement. If in the absence of a protective order or the receipt of a waiver hereunder you are nonetheless, in the reasonable opinion of your counsel, compelled to disclose information concerning the Information or the Company’s businesses to any tribunal or else stand liable for contempt or suffer other censure or penalty, you may disclose such information to such tribunal without liability hereunder.

Competition:

Contractor recognizes and acknowledges that the Company’s business is built upon the confidence of the customers and that all goodwill arising out of the Contractor’s acquaintances with customers shall be the sole and exclusive property of the Company.

You hereby acknowledge and agree that the Company would suffer irreparable injury if you solicit representatives, contractors, customers, employees, suppliers or consultants of the Company, divert business from the Company, or solicit or accept business from clients, customers, or vendors of the Company. As a material inducement to the Company to enter into this Agreement, and contract with you, you hereby covenant and agree that, unless the Company and its successors and assigns shall cease to engage in the Company's Business, during the period beginning on the date hereof and continuing until twelve months following the date of the termination of this Agreement, for any reason whatsoever, you shall not within the state of Florida or states the Company has conducted or plans to conduct business:

  1. directly or indirectly, operate, organize, maintain, establish, manage, own, participate in, or in any manner whatsoever, individually or through any corporation, firm or organization of which you shall be affiliated in any manner whatsoever, have any interest in, whether as owner, operator, partner, stockholder, director, trustee, officer, lender, representative, employee, principal, agent, consultant or otherwise, any other business or venture anywhere, that is in direct competition with the Company or the Company's Business, unless such activity shall have been previously agreed to in writing by the Company or its successors and assigns;
  2. directly or indirectly, divert business from the Company or its successors or assigns, or solicit business from, accept business from, divert the business of, or attempt to convert to other methods of using the same or similar services as are provided by the Company, any client, customer, vender or account of the Company; or
  3. directly or indirectly, solicit for employment, employ or otherwise engage the services of, any representatives, contractors, employees, distributors or consultants of the Company or its successors or assigns.

In view of the irreparable harm and damage that would result to the Company as a result of a breach by you of the covenants in this Agreement and in view of the lack of an adequate remedy at law to compensate the Company for such harm and damage in the event of a breach or threatened breach by you of those covenants, the Company shall have the right to receive, and you hereby consent to the issuance of, temporary and permanent injunctions enjoining you from any violation of said covenants. In the event that a bond or other undertaking is required of the Company in connection with the issuance of a temporary injunction, you agree that such bond or undertaking shall not exceed One Thousand Dollars ($1,000.00), which sum is hereby agreed to be sufficient to compensate you for all damages that may result from the wrongful issuance of such temporary injunctive relief.

The provisions of this Agreement shall be enforceable in law and in equity notwithstanding the existence of any claim or cause of action by you against the Company whether predicated on this Agreement or otherwise

Other Conditions:

Payment of all courier and overnight charges for the initial closing shall be the responsibility of the Company and/or the lender. However, any courier or overnight delivery charges resulting from the Contractor’s negligence in performing services under this Agreement shall be paid by Contractor.

You agree to arrive at the closing location at least thirty minutes in advance of the closing and be professionally attired and equipped to perform the Services.

You acknowledge and agree to keep current and in force your notary license, $100,000 E & O policy and a valid driver’s license and provide proof of same as requested by the Company.

You agree to indemnify the Company and hold it harmless for any loss or expense, including reasonable attorneys’ fees and costs, arising from or relating to claims or proceedings of any kind that are caused, in whole or in part, by your conduct, willful or wanton misconduct or negligence in performing Services

No failure or delay by either you or the Company in exercising any right, power or privilege under this Agreement will operate as a waiver thereof, nor will any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any right, power or privilege hereunder. Each of you and the Company will be entitled, without limitation of any other remedies to which either may be entitled by law, to injunctive relief, to specific enforcement of this Agreement, and to damages, attorneys’ fees and costs of litigation in the event of any violations of this Agreement.

This Agreement constitutes the entire agreement of the parties with respect to the subject matter thereof and will be governed by and construed in accordance with the laws of the State of Florida without regard to the conflicts of laws principles thereof. This Agreement may be amended only in a writing executed by both of the parties. Either party may at any time terminate this Agreement with respect to Services by giving thirty days written notice by certified mail to the other party at the address indicated below.

THE PARTIES HEREBY IRREVOCABLY AGREE THAT JURISDICTION AND VENUE IN ANY ACTION BROUGHT BY ANY PARTY PURSUANT TO THIS AGREEMENT WILL EXCLUSIVELY LIE IN ANY FEDERAL OR STATE COURT LOCATED IN PALM BEACH COUNTY, FLORIDA. BY EXECUTION AND DELIVERY OF AN AGREEMENT, EACH PARTY, ON BEHALF OF ITSELF AND ITS PERMITTED SUCCESSORS AND ASSIGNS, IRREVOCABLY SUBMITS TO THE JURISDICTION OF ANY SUCH COURT OVER ITSELF AND ITS PROPERTY WITH RESPECT TO ANY SUCH ACTION. THE PARTIES IRREVOCABLY AGREE THAT VENUE WOULD BE PROPER IN SUCH COURT, AND HEREBY WAIVE ANY OBJECTION THAT SUCH COURT IS AN IMPROPER OR INCONVENIENT FORUM FOR THE RESOLUTION OF SUCH ACTION. THE PARTIES FURTHER AGREE THAT THE MAILING BY CERTIFIED OR REGISTERED MAIL, RETURN RECEIPT REQUESTED, OF ANY PROCESS REQUIRED BY ANY SUCH COURT WILL CONSTITUTE VALID AND LAWFUL SERVICE OF PROCESS AGAINST THEM, WITHOUT NECESSITY FOR SERVICE BY ANY OTHER MEANS PROVIDED BY STATUTE OR RULE OF COURT. EACH PARTY WAIVES, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE RIGHT TO TRIAL BY JURY IN ANY LEGAL PROCEEDING BASED ON THIS AGREEMENT.

Nationwide Mobile Closings, LLC