VIEWS: 7,079 PAGES: 5 CATEGORY: Hiring Employees POSTED ON: 8/17/2009
This is an agreement between an employment agency and the company that hires a worker through the agency. It specifies details regarding the services to be provided, including the compensation, intellectual property rules, confidentiality, duration, termination, and indemnification. This form contains both standard clauses and opportunities for the use of optional terms and conditions making it fully customizable to fit the needs of the contracting parties. This form should be used by employment agencies or by companies who hire workers from employment agencies.
This is an agreement between an employment agency and the company that hires a worker through the agency. It specifies details regarding the services to be provided, including the compensation, intellectual property rules, confidentiality, duration, termination, and indemnification. This form contains both standard clauses and opportunities for the use of optional terms and conditions making it fully customizable to fit the needs of the contracting parties. This form should be used by employment agencies or by companies who hire workers from employment agencies. EMPLOYMENT AGENCY AGREEMENT This Employment Agency Agreement is made on this ____ day of _____________, 20___ [Instruction: enter date] by and between _________________________ [Instruction: insert the name and address of the Agency] (hereinafter the “Agency”) and _________________________ [Instruction: insert the name and address of the Company] (hereinafter the “Company”) (hereinafter the “Agreement”). RECITALS WHEREAS Company requests that Agency provide Company with professional or skilled labor in the general fields of ________________________ [Instruction: describe the services in detail] (hereinafter the “Services”); and WHEREAS Agency is able and willing to provide the services as requested by Company; Contractor and Company hereby agree to the following terms: TERMS 1. SERVICES Services provided to Company by Agency pursuant to the specifications in this Agreement are to be provided on an as-needed basis at the sole discretion of Company. Company shall make the final determinations to service needs and whether services shall be continued. Services will be provided by Agency to Company upon the written request of Company. Agency agrees that the total cost of these services will not exceed the rates established in this Agreement. Services requested by Company will be specific as to labor classifications, hourly or daily pay rate, the beginning and ending dates (when available) for particular services or projects, and the maximum allowable costs for each particular labor classification. Company shall establish the qualifications and skills necessary for service performance. If at any point, and at the sole discretion of Company, the Services are deemed unsatisfactory, Company will notify Agency. Notification shall be made in writing, and, upon receipt, Agency will remove the individual or individuals responsible for the unsatisfactory performance at issue. 2. COMPENSATION For services provided by Agency to Company pursuant to this Agreement, Agency shall be paid __________________ dollars ($__) [Instruction: set forth the payment details]. Agency shall receive payment for services provided to Company under this Agreement ____ (__) [Instruction: insert number of days] days from the receipt of Agency’s invoice. Invoice details shall include dates, services provided, names of Agency-provided workers, and labor classification for each. Expenses incurred by Agency-provided workers that are directly related to the providing of services under this Agreement will be reimbursed by Company to Agency. All reimbursements will require appropriate documentation as detailed by Company policy. 3. COPYRIGHT AND PATENT Agency agrees that Agency, Agency’s employees, agents, representatives, and any workers supplied by Agency will communicate and disclose to Company or agents of Company any and all inventions, copyrightable works, or any and all improvements to Company’s existing product, manufacturing, or production processes that are developed by Agency-supplied workers while engaged in the specific performance of this Agreement. All inventions and copyrightable works created under this Agreement shall be completely and entirely the property of Company, its agents, nominees, successors, and/or assigns. In addition, Agency and Agency-supplied workers agree to provide assistance to Company and its agents, nominees, successors, or assigns, both during and following the term of this Agreement, at the expense of Company, to obtain and maintain for Company’s own benefit, patents for any such inventions and copyrightable works in any and all countries. Assistance, as used herein, shall be defined as, but not limited to, participation in the patent acquisition processes, delivery of relevant documents and/or product samples, and performance of all other necessary acts for patent acquisition and maintenance. 4. CONFIDENTIALITY All information and knowledge that Agency may receive from Company, its agents, or employees during the performance of this Agreement, including but not limited to information related to products, internal Company processes, inventions, machinery, and business practices shall be kept in strict confidence and shall not be directly or indirectly disclosed by Agency to any individual without written consent of Company. In addition, all Agency-supplied workers shall be required to execute a supplemental confidentiality agreement with Company. 5. DURATION This Agreement shall be in force as of the Effective Date first set forth above and continue until the ____ day of _____________, 20___. [Instruction: if applicable, user can set the duration of the Agreement to coincide with the completion of the project] 6. TERMINATION This Agreement may be terminated prior to the previously-referenced termination date upon the death or incapacitation of any person supplied by Agency to Company if that individual was necessary for Agency’s specific performance hereof. This Agreement may also be terminated by either Agency or Company at any time for any reason upon written consent of both parties. Agreement termination shall not release Agency from its responsibilities of confidentiality and indemnity as set forth in this Agreement. 7. INDEPENDENT CONTRACTOR Agency shall be considered neither an agent nor an employee of Company, but rather, shall be an independent contractor. Agency therefore has no authority under which to enter any type of © Copyright 2013 Docstoc Inc. 3 agreement on behalf of Company. 8. INDEMNIFICATION Agency agrees to indemnify and hold Company, its agents, employees, and officers harmless from and against any and all liabilities, including, but not limited to, damages, losses, actions, or causes of action, costs, and expenses to property of Company or of any third party, or to personal injury or death, related to, caused by, or arising from an act or failure to act by Agency, its agents, employees, officers, or any workers supplied by Agency to Company. 9. ATTORNEYS’ FEES If any litigation or arbitration is necessary to enforce the terms of this Agreement or remedy any breach thereof, the prevailing party shall be entitled to recover reasonable attorneys’ fees, costs, and expenses. 10. ASSIGNMENT PROHIBITED Both Agency and Company are expressly prohibited from assigning this Agreement or any rights or interest flowing herefrom. Assignment shall only occur with the express written consent of both parties. 11. GOVERNING LAW This Agreement shall be governed and controlled as to validity, enforcement, interpretation, construction, effect and in all other respects by the laws of the State of ______________. [Instruction: insert state name] Any disputes or disagreements arising out of or relating to this Agreement shall be resolved by binding arbitration in _________________ County, _______________. [Instruction: insert county and state names] [Comment: user can remove the preceding arbitration clause] IN WITNESS THEREOF, the parties hereto execute this Agreement on this ____ day of _____________ of 20___. [Instruction: enter date] AGENCY COMPANY ___________________________________ __________________________________ Authorized Signature Authorized Signature ___________________________________ __________________________________ [Instruction: insert Name and Title] [Instruction: insert Name and Title] ___________________________________ __________________________________ [Instruction: insert address] [Instruction: insert address] © Copyright 2013 Docstoc Inc. 4
"Employment Agency Agreement"