Staffing Agency Agreement

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Staffing Agency Agreement Powered By Docstoc
					Staffing Agency Agreement
This is an agreement between a staffing agency and a company that wants to use the
staffing agency’s services to screen and provide temporary employees. The agency
shall use its best efforts to supply employees that possess the necessary education,
skills, and credentials required for the position. This agreement can be used by small
businesses that want to use the services of a staffing agency to screen and provide
employees. Additionally, this agreement can also be used by small businesses that
offer staffing services to provide their clients with a clear and thorough agreement.
                               STAFFING AGENCY AGREEMENT

THIS STAFFING AGENCY AGREEMENT (hereinafter referred to as the “Agreement”) is
dated as of the ___ day of _______________, 20__ [Instructions: Insert the date of this
agreement] by and between ______________________, [Instructions: Insert the Staffing
Agency’s       name]     (hereinafter  referred    to      as   the      “Agency”)        of
____________________________________, [Instructions: Insert the Agency’s address] and
______________________, [Instructions: Insert the Client’s name] (hereinafter referred to as
the “Client”) of ____________________________________. [Instructions: Insert the Client’s
address]

WHEREAS, Agency is in the business of providing staffing services to businesses and
companies that need temporary employees and staffing;

WHEREAS, Client is a business that desires to use the Agency’s staffing services to find and
introduce temporary employees to Client; and

NOW THEREFORE, in exchange of the mutual covenants and considerations specified herein,
the parties hereby agree as follows:

1. SERVICES

Agency, on the requirement of Client, will supply qualified workers (hereinafter referred to as
“Employees”) to Client on a temporary basis. Agency shall use its best efforts to supply
Employees who possess the necessary education, skills, and credentials required for the position
to which they are being assigned.

2. NON-EXCLUSIVE PROVISION OF SERVICES

Client’s engagement of Agency is on a non-exclusive basis and may simultaneously engage the
services of other staffing agencies. Similarly, Agency has the right to simultaneously provide
staffing services to other clients who may be in direct competition with Client’s business.

3. SELECTION AND BACKGROUND CHECKS

Agency will be responsible to recruit, interview, test, screen and orient all Employees prior to
their assignment to Client’s facility. Client must notify in writing to Agency any specific skills
requirements. Agency does not conduct any specific investigative background checks unless
requested in writing by Client. Upon request from Client and once payment is received, Agency
will conduct background checks of past employment and education, and conduct specific
background checks into criminal background, credit history, or driving records, or any other
specific background.

4. SUBSTANCE ABUSE OR FIT-FOR-DUTY EXAMS




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Agency will not conduct any substance abuse testing or fit-for-duty exams prior to placement of
an Employee. If Client requests the Agency for substance abuse testing, Agency will conduct
the same at a reasonable cost to Client. Client shall be responsible for obtaining the appropriate
release and consent forms from the Employees for such testing.

5. HIRING DECISIONS

Client will be solely responsible for making all hiring decisions of the Employees. All liability
associated with hiring decisions will be assumed by Client and the Agency will not be part of
any contract between Client and the Employee referred to by the Agency. However, Client must
provide a copy of the written employment contract between Client and Prospective Candidate to
the Agency within _____________________ [Instructions: Insert the amount of time after
hiring an employee that Client has to provide Agency with a copy of the employment
agreement] of hire.

6. COMPENSATION

Client will be fully responsible for making payments to the Employees, withholding and
transmitting taxes, making unemployment contributions, and responding to claims for
unemployment and workers compensation proceedings involving Employees.

Client will pay Agency a flat-fee of $________ [Instructions: Insert the flat fee Client will pay
Agency for each temporary employee that is introduced] for each temporary Employee
introduced. This flat-fee shall be due within ____________________ [Instructions: Insert the
amount of time after hiring an employee the Client has to pay the Agency] of Client hiring
Employee.

7. EMPLOYMENT STATUS

All Employees are independent contractors and are not, and shall not be deemed to be,
employees or independent contractors of Client. All Employees are deemed employees of the
Agency.

8. INSURANCE

Agency shall maintain the following policies of insurance covering all Employees furnished by
Agency to Client during the term of this Agreement:

         i) Workers compensation and employers liability insurance as required by law;

         ii) Comprehensive general liability (bodily injury and property damage) insurance in an
             amount not less than $________ [Instructions: Insert the per occurrence general
             liability insurance amount Client is required to carry] per occurrence; and




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         iii) Employment practices liability in an amount not less than $________ [Instructions:
              Insert the per occurrence employment practices liability insurance amount
              Client is required to carry] per occurrence.

9. PLACE OF ASSIGNMENT

Client shall, at its own cost, provide such work space, supplies, equipment, hardware and
software as are reasonably required for each assignment. Client shall also be responsible to
provide to Employees such day to day guidance, assistance and other information as is necessary
for the successful and timely completion of each assignment. Client shall provide Employees
with a safe work place in compliance with OSHA and State safety and ergonomic requirements.

10. CONFIDENTIALITY

The term confidential information shall mean any information disclosed by Client to the
Employees pursuant to this Agreement, including but not limited to data, code, finances,
business plans and computer software, any information in the form of written, graphic, machine
readable or other tangible form and is designated in writing as confidential. It shall not include
information which is or becomes generally available to the public other than as a result of
disclosure by Agency, or becomes available to Agency on a non-confidential basis from a source
other than Client.

Agency acknowledges that any and all such information obtained by Agency and its Employees
shall be deemed to be confidential and proprietary information. Agency agrees to hold such
information in strict confidence and not to disclose such information to any third parties or to use
such information for any purposes whatsoever other than providing of services to Client. Agency
will advise each of its staff, and Employees of their obligations to keep such information
confidential, and to require Employees to enter into confidentiality agreements with Client for
the protection of Client’s confidential information.

11. WORK FOR HIRE

Except as otherwise required by law, Agency agrees that any inventions, works of authorship or
other intellectual property, including, but not limited to, source codes and documentation,
conceived, developed, originated, fixed or reduced to practice by Employee, or on a Employee's
direction, during Employee's assignment to Client, shall be the sole and complete property of
Client, whether as a work made for hire or otherwise. Agency and its Employees hereby assign
and convey their entire right, title and interest to any and all resulting copyrights, patents, and
trade secrets to Client or to its customers, as the case may be.

12. GUARANTEE

Agency strives to provide excellent service to its clients. If for any reason the Employee is
terminated or resigns from the position within __________ [Instructions: Insert the number of
days the Agency will replace employees] days, Agency will use reasonable efforts to secure, to
Client’s satisfaction, one replacement candidate. If such termination occurs within __________

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[Instructions: Insert the number of days the Agency will replace employees] days, Agency
will replace the Employee at no additional charge. No refunds will be made for any reason after
this period.

13. NO WARRANTY/LIMITATIONS ON LIABILITY

Agency makes no expressed or implied warranty, including, but not limited to, any warranty of
quality, performance, merchantability of fitness for any purpose, with respect to any services
performed or any goods, including, but not limited to, software or other proprietary property
developed hereunder. In no event shall Agency be liable to Client or any other party for any
damages, expenses, liabilities, fees, or losses (“losses”) arising as a result of this Agreement, or
the services provided hereunder, whether for work performed, goods or services developed, or
otherwise, which are in the aggregate in excess of the applicable amount of fees actually paid to
Agency by Client with respect to the assignment resulting in such losses. In no event shall
Agency be liable to Client or any party for any incidental, indirect or consequential losses
(including, but not limited to, lost profits or lost data) arising from or related to any services
performed or goods developed pursuant to this Agreement. All claims must be delivered in
writing to Agency within thirty (30) days after the termination of the applicable assignment with
Client.

14. TERM

The term of this agreement shall be for a period commencing on the date specified in the first
paragraph of this Agreement and continuing for a period of ________________. [Instructions:
Insert the length of this agreement. e.g. three months, six months, etc.] Either party may
terminate this agreement at any time, without cause, by giving _________________
[Instructions: Insert the number of days notice required to terminate this agreement] days
prior written notice to the other party.

15. EQUAL EMPLOYMENT OPPORTUNITY

Client acknowledges that Agency is an equal employment opportunity employer and agrees that
it shall not harass, discriminate against or retaliate against any Employee because of his or her
race, national origin, age, sex, disability, marital status or other category protected by law, nor
shall Client cause or request Agency to engage in such prohibited activity. Furthermore, Client
acknowledges that it shall take all reasonable steps necessary to prevent the discrimination,
sexual harassment or violation of any other legal obligation of any Employees within Client's
work environment.

16. GOVERNING LAW

This Agreement shall be subject to the substantive laws of the state of
____________________________. [Instructions: Insert the state’s laws that will govern this
agreement]

17. ARBITRATION

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Client and Agency agree that any dispute arising under the terms and conditions of this
Agreement or concerning the respective rights or obligations hereunder of the parties shall be
settled and determined by arbitration before the American Arbitration Association in accordance
with its rules for commercial disputes. The arbitrators shall have the power to award specific
performance or injunctive relief and reasonable attorney's fees and expenses to any party in any
such arbitration. The arbitration award shall be final and binding upon the parties and the
judgment thereon may be entered in any court having jurisdiction thereof.

[Instructions: The arbitration provision above is optional. If the parties don’t want to settle
disputes through mandatory arbitration, delete the clause above]

18. SUCCESSORS AND ASSIGNS

The terms and conditions of this Agreement shall inure to the benefit of and be binding upon the
parties and their respective successors and permitted assigns.

19. SECTION HEADINGS

The headings of paragraphs, sections and other subdivisions of this agreement are for
convenience reference only. They shall not be used in any way to govern, limit, modify, construe
this agreement or any part or provision thereof or otherwise be given any legal effect.

20. ENTIRE AGREEMENT

This agreement contains the full and complete understanding and agreement between the parties
with respect to the subject matter, and supersedes all other agreements between the parties
whether written or oral relating thereto. This Agreement may not be modified or amended except
by written instrument executed by both of the parties hereto. Each party agrees that it has not
relied upon any representation of the other party, except for any representation made by such
party under the express terms of this Agreement, in entering into and undertaking the obligations
imposed by this Agreement.

IN WITNESS WHEREOF the parties have duly executed this Agreement as of the date first
written above.

CLIENT:                                                          AGENCY:


_______________________                                          _______________________
By: ___________________                                          By: ___________________
I have authority to bind the Company.                        I have authority to bind the Company.




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DOCUMENT INFO
Description: This is an agreement between a staffing agency and a company that wants to use the staffing agency’s services to screen and provide temporary employees. The agency shall use its best efforts to supply employees that possess the necessary education, skills, and credentials required for the position. This agreement can be used by small businesses that want to use the services of a staffing agency to screen and provide employees. Additionally, this agreement can also be used by small businesses that offer staffing services to provide their clients with a clear and thorough agreement.