I have seen better clauses, and worse clauses. This clause seems to strike a balance, albeit slightly in favor of the Agent. You can always add "except where contravened by State statutes or law" to give you some protection where Agent liability might be held for other circumstances.
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It's the standard language. It usually includes language that requires you to pay for the agent's attorneys' fees should the agent be sued unless there is willful misconduct or gross negligence.
My suggestion is to have a good insurance policy or do not sign it and look for another agent. In these hard economic times you may find someone willing to strike the language.
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That language came about in business to waive the duties an agent has to his/her client to only the most egregious of conduct. Try striking the language if you want to be able to hold the Agent liable for breaches of duty of care, etc., which he/she statutorily owes to you. Even without that language the agent is still protected by the "business judgment rule" and would possibly win in a dispute unless their actions were clearly self-serving or criminal. As Attorney Stage points out, if they are not willing to negotiate the terms of their representation agreement, find another.
Carol Johnson Law Firm, P.A. : (727) 647-6645 : email@example.com : Wills, Trusts, Real Property, Probate, Special Needs: Information provided here is anecdotal and should not be relied upon or considered legal advice. Every matter is different and answers given here are general in nature and may not reflect current Florida law at the time you are reading this posting. Please contact me if you feel you need additional assistance with your matter.