EMPLOYMENT CONTRACT

______________________

 

THIS AGREEMENT is entered into on by and between , (hereafter referred to as the "Employer") and (hereafter referred to as the "Employee").

 

WHEREAS, the Employer desires to obtain the benefit of the services of the Employee, and the Employee desires to render such services on the terms and conditions set forth herein; and

 

WHEREAS, the parties wish to enter into this Agreement and memorialize within this instrument the terms and conditions of employment contemplated by the parties;

 

THEREFORE, in consideration of the mutual promises and other good and valuable consideration (the sufficiency and receipt of which are hereby acknowledged) the parties agree as follows:

 

EMPLOYMENT

 

, operating at , , , does hereby employ in the position of .

 

The Employee hereby agrees to serve in such capacity, beginning on , for a period of ,  and ending at such date and time as the Employee's contract may be terminated in accordance with the Termination of Agreement clause set forth below.

 

PERFORMANCE OF DUTIES

 

, the Employee, hereby agrees that throughout his/her period of employment s/he shall devote his/her full attention and time, during working hours, to the performance of his/her duties and business affairs of the Employer, in addition to performing said duties faithfully and efficiently as directed by the CEO or Supervisor of the Employee. In carrying out these duties and responsibilities, the Employee shall comply with all Employer policies, procedures, rules and regulations, both written and oral, as are announced by the Employer from time to time.

 

It is not the intention of the Employer to assign duties and responsibilities which are not typically within the scope and characteristics associated with this position, or which may not be required of other employees of similar rank and position. However, the Employer reserves the right to increase and/or revise the Employee's role and responsibilities, whether through reorganization of his/her position or promotion. Any change in the Employee's pay scale, due to the change of responsibilities and/or promotion, will be at the sole discretion of the Employer.

 

DUTIES AND RESPONSIBILITIES

 

The detailed list of job duties and responsibilities of the Employee are as follows:

 

Specific Job Related Duties:

 

   

COMPENSATION & BENEFITS

 

In accordance with the terms and conditions of this Agreement, and throughout the Employee's period of employment, compensation for his/her services will be as follows:

 

Employee shall receive a payment amount of $, to be paid in equal pay-periods, with  evaluations and/or rate increases and potential bonuses as deemed appropriate; said amount to be determined in the sole discretion of the Employer.

 

Paychecks will be issued as follows:

 

Weekly paycheck issued every

Twice monthly paychecks issued on the and day of every month.

 

Employee will be entitled to other similar benefits of employees of similar rank and position.

 

Employee shall be entitled to company benefits as follows:

,

 

PROBATION PERIOD

 

It is understood and agreed that the first days of employment shall constitute a probationary period during which period the Employer may, in its absolute discretion, terminate the Employee's employment, for any reason without notice or cause.

DISABILITY

 

Subject to the provisions stipulated within "AMENDMENT AND/OR CANCELLATION OF AGREEMENT," should the Employee's employment be terminated by reason of his/her disability (as expressed below), the Employee will continue to receive his/her regular annual salary and benefits set forth above in "COMPENSATION & BENEFITS" to the end of the  full calendar months in connection with said disability, and which is not to exceed beyond the Employment Period. For intended purpose of this Agreement, "disability" is defined as a physical or mental impairment which would render the Employee incapable of performing his/her duties and responsibilities as determined by an independent physician provided and paid for by the Employer.

 

CONFIDENTIALITY - UNAUTHORIZED DISCLOSURE

 

During the course of his/her employment, the Employee will encounter Confidential Information belonging to the Employer and therefore it is of critical importance for the Employee to understand that said Confidential Information should not be disclosed to third parties under any circumstances except as allowed by the terms of this Agreement. Thus, in order to protect the privacy of the Employer, and to protect the Employer from the negligent or malicious actions of the Employee during the course of employment and thereafter, the Employee hereby agrees not to divulge, release, or remove for his/her use (or that of any other individual or company) any documentation, information, or knowledge pertaining to the operation or business of the Employer or any of its subsidiaries or affiliates.

 

Furthermore, the Employer and Employee agree as follows:

- Confidential Information includes, but is not limited to:

- Confidential Information excludes that which is public knowledge.

- Employee shall not copy or modify any Confidential Information without prior written consent of the Employer.

- Employee shall, upon termination of employment (whether voluntary or involuntarily), immediately return to the Employer any and all written documents and/or materials of a confidential nature.

 

Unauthorized Disclosure

Should the Employee, during or after termination of employment, disclose or threaten to disclose any information of a confidential nature, the Employee shall be deemed in violation of this Agreement, and the Employer shall be entitled to obtain an injunction to restrain the Employee from disclosing or further disclosing, in whole or in part, any Confidential Information. The Employer shall also be entitled to pursue other legal remedies, as may be deemed appropriate, for any loss and/or damages incurred as a result of any unauthorized disclosure made by the Employee during or after termination of employment.

 

REMEDIES

 

Should the Employee, at any time, violate any of the covenants or agreements set forth in "CONFIDENTIALITY - UNAUTHORIZED DISCLOSURE," the Employer reserves the right to immediately terminate employment of the Employee, and terminate all its obligations to make any further payments under this Agreement. The Employee acknowledges that the Employer could incur permanent and irreversible damage and injury through a violation of the provisions within "CONFIDENTIALITY - UNAUTHORIZED DISCLOSURE," and as such agrees that the Employer shall be entitled to any legal remedy or injunction, as may be deemed appropriate by the Employer or a court of competent jurisdiction, from any actual or threatened breach of this Agreement.

 

AMENDMENT OF AGREEMENT

 

Any Amendment to this Agreement must be mutually agreed upon in writing by both parties (the Employer and Employee), and executed with the same degree of formality as this Agreement.  Any amendment must also contain a start date for the amendment to the original Employment Contract.

 

TERMINATION OF AGREEMENT

 

The Employment Period may be terminated at the time when any of the following conditions occur:

 

- Date of "at-will" termination by either Employee or Employer;

- Upon the Employee's death;

- Date on which the Employer provides notice to Employee for termination due to disability;

- For Cause, which shall include, but not be limited to, Employee's gross misconduct, material damage to the Employer, or Employee's willful breach of this Agreement;

- Should either the Employer or Employee decide to terminate their working relationship and/or this Employment Contract, the party wishing to end this Agreement, either due to the completion of the project for which the Employee was hired or the Employee seeking employment elsewhere, shall provide a minimum advance written notice of days by the Employer or a minimum advance written notice of days by the Employee.

 

NOTICES

 

Any notice required or allowable, made in accordance with this Agreement, must be made in writing and sent by registered mail to the Employee at his/her home address or to the Employer at its principal headquarters, whichever the case may be.

 

APPROVED EXPENSE REIMBURSEMENT

 

Employer shall reimburse the Employee, in accordance with Employer's policy, for any reasonable out of pocket expenses authorized by the Employer, including the following:

 

 

RETURN OF EMPLOYER PROPERTY

 

At the end of the Employee's contract or upon termination of employment, whether voluntary or involuntary, the Employee shall immediately return to the Employer any and all company property including, but not limited to, the following:

- Key or Key Card(s) granting access to the building and/or offices or areas located within the building;

- Company Car;

- Company Identification (ID);

- Computer;

- Business Cards;

- Company Credit Cards;

- Employer related documents and/or materials;

- And also: .

The Employer reserves the right, and shall be entitled to pursue any legal remedies as may be deemed appropriate, for any loss and/or damages incurred as a result of Employee's failure to return Employer property after termination of employment.

 

NON-ASSIGNMENT

 

Any interests pertaining to the Employee under the Agreement are not subject to any claims of his/her creditors and may not be voluntarily or involuntarily assigned, alienated or encumbered.

 

NON-COMPETE

 

During Employee's period of employment with the Employer, in the state of , and for a period of following termination of employment however caused, the Employee shall not seek or gain employment with any business that is in competition with the Employer, its subsidiaries or affiliates within a mile radius of , .

 

The Employee agrees that the above established restrictions are reasonable and fair, and all defenses to the strict enforcement of this stipulated non-compete covenant by the Employee are hereby waived.

 

NON-SOLICITATION

 

The Employee hereby agrees that s/he will not, without the prior written consent of the Employer, either directly or indirectly solicit, attempt to solicit, and/or contact for the purpose of soliciting a client or employee of the Employer, within the state of , for a period of after termination of employment. The Employee shall not, either by his/her own actions or on behalf of any other party or company competing or endeavoring to compete with the Employer within the state of , violate the provisions of this clause.

 

OWNERSHIP OF SOCIAL MEDIA CONTACTS

 

 has sole ownership over any social medial contacts, acquired before and/or throughout the Employee's term of employment, including, but not limited to "followers" or "friends" which may be or have been acquired through such accounts as email addresses, blogs, Twitter, Facebook, YouTube or any other social media network that has been used or created on behalf of the Employer.

 

OWNERSHIP OF INTELLECTUAL PROPERTY

 

Throughout the Employee's term of employment with the Employer, whether during the fulfillment of his/her normal duties and responsibilities or others which may be specifically assigned to the Employee, either on his/her own or in connection with another individual, the Employee develops or creates any such intellectual property, including but not limited to any work where a copyright exists or may exist, the Employee shall immediately notify the Employer. In addition, the Employee acknowledges and agrees that any and all such intellectual property, copyright and other intellectual property rights shall be deemed the exclusive ownership of the Employer.

 

The Employee hereby waives, unconditionally and irrevocably, any and all moral or any such rights of a similar nature with respect to any work where a copyright exists, may exist or later exists, in which the copyright is created by the Employee during employment in each jurisdiction worldwide, and that such rights may be waived for each respective jurisdiction. The waiver hereby extends to any and all respective acts of the Employer, its successors, assigns, licensees and any acts of third party individuals with the authority of the Employer, its successors and/or assigns.

 

SUCCESSORS

 

The contents of this Agreement shall be legally binding upon the Employer, and its successors or assigns by any individual or company acquiring, whether by sale or merger or otherwise, all or substantially all of the Employer's assets and business.

 

INDEPENDENT LEGAL ADVICE

 

The Employee acknowledges that the Employer has provided the Employee with a reasonable opportunity to obtain independent legal advice with respect to this Agreement, and that either:

(a)  The Employee has had such independent legal advice prior to executing this agreement, or;
(b)  The Employee has willingly chosen not to obtain such advice and to executed this Agreement without having obtained such advice.

ENTIRE AGREEMENT

 

This Agreement contains the complete and entire agreement between the parties, and there are no other promises or conditions, oral or written, outside of what is contained in this Agreement. This Agreement supersedes any prior written or oral agreements between the parties.

 

SEVERABILITY

 

Should any provision contained in this Agreement be deemed invalid or unenforceable, in part or in whole, such invalidity or unenforceability will attach only to that particular provision or part of this Agreement while the remaining aspects of said provision and all other provisions of this Agreement shall remain in full force and effect.

 

APPLICABLE LAW

 

The provisions of the Agreement shall be interpreted in accordance with the current laws of the state of .

 

COPY OF AGREEMENT

 

The Employee acknowledges receipt of a copy of this Agreement signed by both the Employee and the Employer.

 

IN WITNESS WHEREOF, the Employer has caused this Agreement to be executed by its duly authorized officers and the Employee has set his hand as of .

(Employee Signature)

(Employer/Duly Authorized Representative Signature)