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”).
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:
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.
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.
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.
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]
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
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