This is an agreement between a personal assistant and a client that wishes to hire the personal assistant. Customize the type of assistance the personal assistant will provide, the compensation amount, the length of service, and much more. Service agreements should always be in writing to avoid confusion and disagreements between the parties. This agreement can be used by individuals or small businesses that want to hire or provide personal assistant services.
Personal Assistant Agreement This is an agreement between a personal assistant and a client that wishes to hire the personal assistant. Customize the type of assistance the personal assistant will provide, the compensation amount, the length of service, and much more. Service agreements should always be in writing to avoid confusion and disagreements between the parties. This agreement can be used by individuals or small businesses that want to hire or provide personal assistant services. PERSONAL ASSISTANT AGREEMENT THIS PERSONAL ASSISTANT AGREEMENT (hereinafter referred to as the “Agreement”) is hereby made and entered as of __________________ [Instructions: Insert the date of this agreement] by and between __________________ [Instructions: Insert the Client’s name] (hereinafter referred to as the “Client”), with an address of _____________________________________ [Instructions: Insert the Client’s address] and __________________ [Instructions: Insert the Personal Assistant’s name] (hereinafter referred to as the “Personal Assistant”), with an address of _____________________________________. [Instructions: Insert the Personal Assistant’s address] WHEREAS, the Client desires to employ Personal Assistant and, subject to the terms and condition contained herein, the Personal Assistant desires to accept such employment. NOW, THEREFORE, in consideration of the mutual covenants and agreements set forth below, it is hereby covenanted and agreed by the parties as follows: 1. EMPLOYMENT a. Personal Assistant shall be employed by Client in the capacity of Personal Assistant to the __________________. [Instructions: Insert the name of the position that Personal Assistant is assisting] The essential job functions and duties of this position are as follows: i. __________________ [Instructions: Insert job function/duty] ii. __________________ [Instructions: Insert job function/duty] iii. __________________ [Instructions: Insert job function/duty] b. Personal Assistant shall also perform such other duties in the ordinary course of business as performed by other persons in similar such positions, as well as such other reasonable duties as may be assigned from time to time by Client. c. Personal Assistant, throughout the term of Personal Assistant’s employment, shall devote Personal Assistant’s full time and attention to the business and affairs of Client and shall not, without the consent in writing of the Client, undertake any other business or occupation or become a director, officer, Personal Assistant or agent of any other company, firm or individual. d. Personal Assistant shall devote Personal Assistant’s full time and attention to the affairs of Client and shall honestly, diligently and faithfully serve Client and use Personal Assistant’s best efforts to promote the interests of the Client. 2. TERM AND TERMINATION © Copyright 2013 Docstoc Inc. registered document proprietary, copy not 2 Personal Assistant’s employment by Client shall be on an “at will” basis. This Agreement may be terminated as follows: a. By Personal Assistant, at any time, for any reason, on the giving of __________ (_____) [Instructions: Insert the number of days notice required for Personal Assistant to terminate employment] days written notice to Client. Client may waive notice, in whole or in part and if it does so, Personal Assistant’s entitlement to remuneration and benefits pursuant to this Agreement will cease on the date that Client waives such notice. b. By the Client, in its absolute discretion, without any notice or pay in lieu thereof, for cause. For the purposes of this Agreement, cause includes: (i) any material breach of the provisions of this Agreement; (ii) any conduct of Personal Assistant which as judged in the sole discretion of Client, tends to bring Personal Assistant or Client into disrepute; (iii) filing of any criminal charges against Personal Assistant, where such cause is not prohibited by law; and (iv) any and all omissions, commissions or other conduct which would constitute cause at law, in addition to the specified causes. c. By Client, in its absolute discretion, for any reason on giving Personal Assistant __________ (_____) [Instructions: Insert the number of days notice required for the Client to terminate Personal Assistant] days written notice or on paying Personal Assistant the equivalent pay in lieu of notice. The payments contemplated in this paragraph include all pay under applicable state and/or federal statute. In the event the minimum statutory requirements as at the date of termination provide for any greater right or benefit than that provided in this Agreement, such statutory requirements will supersede the payments contemplated hereunder. Personal Assistant agrees to accept payment in lieu of notice, as set out in this paragraph, as a full and final settlement of all amounts owed to Personal Assistant by Client upon termination (including any statutory or common law rights and/or remedies) and Personal Assistant expressly waives any claim to any other payment or benefits from Client. 3. COMPENSATION As full compensation for all services provided for herein, Client shall pay Personal Assistant a salary of __________ Dollars ($_____) [Instructions: Insert the salary amount] per year (the “Salary”) to be paid in [Instructions: Choose one of the following: weekly OR semi-monthly OR monthly] installments, in accordance with Client’s usual payment practices. Such payments shall be subject to deductions by Client, as Client is legally required to make or as otherwise agreed by Personal Assistant. a. Bonus. In addition to the Salary, the Personal Assistant may receive a bonus. The bonus, if any, will be distributed in accordance with the Client’s established bonus policies, in such amounts as the Client may determine in its sole and absolute discretion. b. Annual Review. The Client shall the right, but not the obligation, hold an annual review of Personal Assistant’s work to discuss Personal Assistant’s performance and discuss potential adjustments to Personal Assistant’s Salary. © Copyright 2013 Docstoc Inc. registered document proprietary, copy not 3 4. BENEFITS a. Vacation Time. Personal Assistant shall be entitled to vacation time in the amount of __________ (_____) [Instructions: Insert the number of vacation days Personal Assistant will receive per year] days per year, during which time Personal Assistant’s compensation shall be paid in full. Such vacation time may be taken at such time or times as is mutually agreed, provided that such vacation time will be scheduled at such time as will least interfere with the business of the Client. Personal Assistant [Instructions: Choose One: shall OR shall not] be permitted to carry forward any unused vacation into the next calendar year. The Personal Assistant shall also be entitled to time off, during which time Personal Assistant’s compensation shall be paid in full, on all holidays normally celebrated in accordance with the Client’s established policies. b. Sick Leave. Personal Assistant shall be entitled to sick leave in the amount of __________ (_____) [Instructions: Insert the number of sick days Personal Assistant will receive per year] days per year, during which time Personal Assistant’s compensation shall be paid in full. Personal Assistant shall not be permitted to carry forward any unused sick leave days into the next calendar year. c. Health Insurance. The Client agrees to provide coverage for the Personal Assistant, the Personal Assistant's spouse and dependents under a group accident and health insurance policy, the terms and benefits of which shall be determined by the Client in accordance with the Client’s established policies. d. Work Computer. Client will provide Personal Assistant with a personal computer (the “Computer”) to be used for business purposes only. Personal Assistant will treat the Computer with reasonable care at all times. In the event that, due to Personal Assistant’s negligence or misuse, the Computer is damaged, stolen, misplaced or lost, Client reserves the right to charge Personal Assistant the cost to repair or replace the Computer. 5. CONFIDENTIAL INFORMATION Personal Assistant acknowledges that Personal Assistant will acquire information that is confidential to Client, and which information is the exclusive property of Client (“Confidential Information”). Personal Assistant acknowledges that the Confidential Information could be used to the detriment of Client. Accordingly, Personal Assistant agrees not to disclose any Confidential Information to any third party during the Term of this Agreement or at any point thereafter, without the express permission of Client. Any unauthorized disclosure of the Confidential Information shall justify the immediate termination of Personal Assistant. Personal Assistant acknowledges that in addition to any and all rights of Client, Client shall be entitled to injunctive relief in order to protect Client’s rights in and to the Confidential Information. 6. REPRESENTATIONS, WARRANTIES AND INDEMNIFICATION a. Personal Assistant represents and warrants that: (i) Personal Assistant has the full right and authority to enter into and perform this agreement; (ii) Personal Assistant has not made © Copyright 2013 Docstoc Inc. registered document proprietary, copy not 4 and will not make any agreements or commitments that will conflict with or impair the rights and/or privileges granted to Client hereunder; and (iii) the compensation set forth herein represents Personal Assistant’s full and complete compensation for all services provided hereunder. b. Personal Assistant agrees to defend, indemnify and hold Client and its successors, licensees, assigns, shareholders, agents and Personal Assistants, harmless from and against any and all third party liabilities, losses, claims, demands, costs (including reasonable outside attorney's fees), and expenses arising out of (i) any breach of any representation or warranty made hereunder; (ii) Personal Assistant’s performance or failure to perform the job functions and/or duties hereunder; and/or (iii) Personal Assistant’s conduct while engaging in any activity outside the scope of this Agreement, before, during or after the termination of this Agreement. Personal Assistant understands that this obligation of indemnification survives the expiration or termination of this Agreement. 7. MISCELLANEOUS a. This Agreement constitutes the entire agreement between the parties hereto with respect to the specific subject matter hereof and supersedes all prior agreements or understandings of any kind with respect to the specific subject matter hereof. b. In the event that any provision or part of this Agreement shall be deemed void or invalid by a court of competent jurisdiction, the remaining provisions or parts shall be and remain in full force and effect. c. Any modification to this Agreement must be in writing and signed by the parties or it shall have no effect and shall be void. d. The rights which accrue to Client under this Agreement shall inure to the benefit of and shall be binding upon Client’s successors or assigns. The rights of Personal Assistant under this Agreement are not assignable or transferable in any manner. e. Any notice required or permitted to be given to Personal Assistant shall be sufficiently given if delivered to Personal Assistant personally or if mailed by certified mail, return receipt requested to Personal Assistant’s address last known to Client, or if delivered to Personal Assistant via facsimile. Any notice required or permitted to be given to Client shall be sufficiently given if mailed by certified mail, return receipt requested to Client’s main office, or if delivered to Client via facsimile. f. No failure by either party to pursue any remedy resulting from a breach of any provision of this Agreement by the other party shall be construed as a waiver of that breach or as a waiver of any subsequent or other breach unless such waiver is in writing and signed by an authorized representative of the non-breaching party. g. This Agreement shall be governed in accordance with the laws of the State of ______________________, [Instructions: Insert the state’s laws that will govern this © Copyright 2013 Docstoc Inc. registered document proprietary, copy not 5 agreement] applicable to agreements to be wholly performed therein, without giving effect to its laws governing conflict of laws. IN WITNESS WHEREOF, the parties have duly executed this Agreement as of the date first written above. CLIENT __________________________ By: Authorized Signatory PERSONAL ASSISTANT __________________________ © Copyright 2013 Docstoc Inc. registered document proprietary, copy not 6
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