Any of the following provisions in an agreement between a sales representative and a principal is void:

(1) an express waiver of any right under this chapter;

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Terms Used In Utah Code 34-44-104

  • Principal: means a person who:
         (4)(a) engages in any of the following activities with regard to a product or service:
              (4)(a)(i) manufactures;
              (4)(a)(ii) produces;
              (4)(a)(iii) imports;
              (4)(a)(iv) sells; or
              (4)(a)(v) distributes;
         (4)(b) establishes a business relationship with a sales representative to solicit orders for a product or a service described in Subsection (4)(a); and
         (4)(c) agrees to compensate a sales representative, in whole or in part, by commission. See Utah Code 34-44-102
  • sales representative: means a person who enters into a business relationship with a principal:
              (5)(a)(i) to solicit orders for a product or a service described in Subsection (4)(a); and
              (5)(a)(ii) under which the person is compensated, in whole or in part, by commission. See Utah Code 34-44-102
  • State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
  • Writing: includes :
         (48)(a) printing;
         (48)(b) handwriting; and
         (48)(c) information stored in an electronic or other medium if the information is retrievable in a perceivable format. See Utah Code 68-3-12.5
(2) for a writing required by Section 34-44-201 that is entered into in this state, a provision that makes the sales representative subject to the laws of another state; or
(3) a requirement that the sales representative pursue a claim under this chapter in a court not located in the state.