"Contingency Recruiter Agreement"
PHYSICIANHUNTER.COM Clearing your path through the jungle of practice opportunities Placement Agent (Contingency Recruiting) Agreement Dear (Insert your business name here), We appreciate the opportunity to work with (Insert your business name here). The following is the employment referral services agreement between JAK Opportunities Group dba “PhysicianHunter.com” and (Insert your business name here). This agreement applies to all candidates referred by PhysicianHunter.com and are hired by any staff member with the authority to do so at (Insert your business name here) after the dated signature of this agreement by anyone authorized by (Insert your business name here) to enter such agreement. THIS AGREEMENT, dated the January 13, 2011, between PhysicianHunter.com Inc., forthwith known as (“Agent”) in this agreement, and (Insert your business name here), forthwith known as (“Client”) in this agreement. WHEREAS, the Client desires the assistance of the Agent in searching for, screening, and recruiting licensed physicians for placement in the various communities to render medical services at its facility; and WHEREAS, the Agent is willing to render such assistance on the terms and provisions hereinafter set forth. NOW, THEREFORE, in consideration of the premises, IT IS AGREED: 1. ENGAGEMENT The Client hereby engages the Agent and the Agent hereby accepts such engagement for and on behalf of the Client to search for, screen, and recruit such physicians for the Client as in the opinion of the Agent shall be considered qualified candidates to fill the medical positions specifically described by the Client in Placement Orders executed by the Client. 2. AMENDMENT OR CANCELLATION OF PLACEMENT ORDER In the event that the Client desires to change the requirements of any pending placement order or the cancel the same, it may doe so, but in any such event, it shall give immediate notice by telephone to the Agent, promptly confirmed by letter. 3. CLIENT TO BE SOLE SOURCE OR COMPENSATION The Agent will not either on its own behalf or the Client, enter into any agreement with any prospective physician applicant with reference to a Placement Order and will not solicit or accept any compensation or reward from any such prospective physician applicant in connection with its activities hereunder payments to be made to the Agent under Section (5) hereof to constitute its sole compensation. The Agent will have no authority to permit any prospective physician applicant to incur any out of pocket cost, nor itself incur any such cost on behalf of the potential physician. 6303 Ridgebrook San Antonio, TX 78250 Phone: 877.278.9443 Fax: 210.568.4311 ww.physicianhunter.com 1 of 4 pages PHYSICIANHUNTER.COM Clearing your path through the jungle of practice opportunities 4. REFERRAL OF AN APPLICANT AND REPRESENTATION As new job opportunities become available, and upon the discovery by the Agent of a potential applicant, who in the opinion of the Agent will satisfy the requirements of any pending applicant placement, will submit resumes of qualified applicants to the Client and transmit a detailed resume of the history and qualification of such person, a verification of listed specialty training, good standing of State Licenses, and minimum of three (3) professional references. In the instance there are multiple submittals of a candidate, PhysicianHunter.com shall have representation rights of the candidate from the date his/her resume submission first arrives to Client. This shall be noted by the date and time listed on the email, facsimile, voicemail, or voice message, or other documentation. Client shall notify the Agent with SEVEN (7) workdays of the Agent’s submission of a candidate’s resume in the event the Client is already aware the candidate is from another source. A full background check will be the Client’s responsibility. Agent shall suggest to the Client the arrangement of a personal interview by the applicant at its facilities. Obtaining a signed application by any prospective applicant will be the sole responsibility of the Client, either during or after the interview. Placed candidate. For purposes of this Agreement, an Identified candidate shall be considered to have become a Placed Candidate if within one (1) year of initial referral or clearance of name. Candidate commences employment with Hospital or third party as a result of Agent’s referral of such candidate to third party, or enters into a Hospital Recruiting Agreement. All information submitted is solely for the Client companies’ use and benefit. Under no circumstances can the information be disclosed to anyone else. Failure to honor this nondisclosure culture, and in the event any employee of Client company refers Client elsewhere, resulting in a hire of that candidate, Client will assume responsibility for the fee, construed in accordance with the laws of the state of the physical address where the client is located. 5. PLACEMENT FEE The fee for our services is earned if the employer or any of its affiliates as a result of our efforts hires a candidate, directly, or indirectly, within one (1) year of our referral. The fee is also earned in the event the employer refers the candidate to another employer who hires the candidate. All candidates being presented will be verified and the Client will assume responsibility for all fees if a candidate is employed by CV/Resumes requested. The recruitment and placement fees for each placed candidate will be $18,000 (eighteen thousand) dollars. Terms are 50% of fee due within thirty (30) business days after physician/candidate signs employer/Client contract and balance of fee due within thirty (30) days after employee start date. A PhysicianHunter.com, Inc. employee will invoice Client for amount due. The above mentioned arrangement is on a contingency basis in that there is no fee for our services unless you hire the candidate we have located for you. In certain situations, we will work on a retained basis. The specific arrangements would depend on the level and nature of the particular assignment; upon prior written approval by Client. 6303 Ridgebrook San Antonio, TX 78250 Phone: 877.278.9443 Fax: 210.568.4311 ww.physicianhunter.com 2 of 4 pages PHYSICIANHUNTER.COM Clearing your path through the jungle of practice opportunities 6. TERMINATION OF AGREEMENT This agreement shall continue in effect unless terminated by thirty (30) days written notice of intention to do so. All rights and obligations of both parties hereunder shall terminate except for the rights and obligations under Section (5) hereof which shall continue in force and effect until satisfied in full. 7. GOVERNING LAW This Agreement shall be deemed for all purposes to be governed by the laws of the state of the physical address where the client is located. 8. ATTORNEY’S FEES Attorney’s fees: In the event any account is turned over to an attorney for collections, the party in which the case is denied shall pay all fees, costs and other expenses incurred therein. All documents, including this one (whether returned via email or fax) will be considered mutually and legally binding once signed and received. 9. 100% GUARANTEE PhysicianHunter.com will 100% guarantee each candidate hired for the first NINETY (90) days. Any candidate that PhysicianHunter.com places with the Client who quits, resigns, or is terminated within NINETY (90) days will be replaced FREE OF CHARGE to the Client, or the entire fee will be refunded to the Client no later than 60 days after the Client’s request for refund. This guarantee does not include the candidate losing or changing his/her position due to company layoff, reorganization and/or relocation caused by adverse conditions at the Client’s company, corporate headquarters, or facility of practice. If this guarantee is exercised, the following two conditions must exist: a) The Client must provide the Agent with written notification of the candidate’s dismissal with three (3) calendar days of the candidate’s last day of employment and b) the fee, or any installment thereof, was paid in accordance with the schedule listed above, and paid on time, as evidenced be either dated receipts, cancelled checks, or electronic deposit transmissions. If these conditions are not satisfied, the guarantee is void. 10. DUE DILIGENCE Time is of the essence with this agreement as we have a qualified candidate physician who actively desires to pursue employment with your firm. We are very pleased to work with you. Please sign and return a copy of this letter at your earliest possible convenience. Respectfully, John and Amber Kincaid John and Amber Kincaid 6303 Ridgebrook San Antonio, TX 78250 Phone: 877.278.9443 Fax: 210.568.4311 ww.physicianhunter.com 3 of 4 pages PHYSICIANHUNTER.COM Clearing your path through the jungle of practice opportunities The foregoing is agreed and accepted Thursday, January 13, 2011 (Agent) PhysicianHunter.com John and/or Amber Kincaid Owners, PhysicianHunter.com 6303 Ridgebrook San Antonio, TX 78250 Phone: 877.278.9443 Fax: 210.568.4311 Email: email@example.com (Client) (Insert your business name here) Name: __________________________________________ Signature: _______________________________________ Title: ___________________________________________ Date: ___________________________________________ 6303 Ridgebrook San Antonio, TX 78250 Phone: 877.278.9443 Fax: 210.568.4311 ww.physicianhunter.com 4 of 4 pages