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See also Sample Non Employment Agreement
THIS EMPLOYMENT AGREEMENT, (hereinafter referred to as the “Agreement”), is signed this _____ day of _________________, by and between
________________________________________ (hereinafter referred to as the “Employer”), and ______________________________, (hereinafter referred to as the “Employee”).
WHEREAS, Employer is engaged in the business of [insert description];
WHEREAS, the Employee has experience in this area;
WHEREAS, Employer desires to retain the services of Employee and Employee desires to render services to Employer as a(n) [employee title or position] pursuant to the terms and conditions contained herein.
NOW, THEREFORE, in consideration of the promises and mutual agreements,representations and warranties contained herein, the parties hereto agree as follows:
3.1 Services. Employee agrees to render services as a(n) [title or position] to Employer, as more fully described on Exhibit A attached hereto and incorporated herein by this reference.
3.2 Time and Effort. Employee shall devote [amount of time i.e. full time, part time, as directed by Employer], attention, knowledge and skill to the business and interests of Employer to discharge the duties required under this Agreement.
3.3 Employment At-Will. Employment is employment at-will. By signing this Agreement, Employee understands and acknowledges that Employer may terminate Employee at any time for any reason or for no reason. This Agreement is effective immediately upon execution by the parties and may be terminated at any time by either Employer or Employee, with or without cause, by giving notice to the other. Unless sooner terminated as provided in this paragraph, this Agreement will terminate on [fixed date if applicable]
3.4 Compensation. Employee will be compensated by Employer at the rate of [insert compensation terms].
3.5 Confidentiality. Employee agrees not to use or disclose to unauthorized persons or publish, directly or indirectly, at any time without the written consent of Employer, any proprietary or confidential information of Employer (including any such information resulting from services provided under this Agreement) obtained during the course of employment, and Employee further agrees not to take with her following termination or expiration of this Agreement, any confidential or proprietary information, including but not limited customer and prospective customer lists, addresses, plans for future business operations and development, and pricing and supplier information. This section shall survive termination of the Agreement. Without regard to whether any confidential or trade secret information concerning the subject matter of this Article would otherwise be deemed material or important, Employee stipulates that any and all confidential or trade secret information ascertained while doing work for Employer is material, important and gravely affects the effective and successful conduct of the business of Employer and its goodwill, and that any breach of the terms of this Article will be a material breach of this Agreement.
3.6 Non-Solicitation. Employee agrees that the names of customers and suppliers are and shall remain the exclusive property of Employer, are confidential and are of great value to Employer. Employee further agrees that all information used by Employer in soliciting customers and suppliers are trade secrets, confidential and valuable to Employer. Employee agrees not to directly or indirectly solicit any of Employer’ current or former customers located within [insert reasonable geographic area] of Employer’ place of business for a period of [insert reasonable period of time] after termination of this Agreement.
4.1 Severability. If any term, provision, covenant, or condition of this Agreement is held by a Court of competent jurisdiction to be invalid, void or unenforceable, the remainder of the provisions shall remain in full force and effect and shall, in no way, be affected, impaired or invalidated.
4.2 Governing Law. This Agreement shall be governed by, and construed in accordance with, the laws of the State of California, exclusive of California’s choice of law rules. If any legal action is necessary to enforce the terms and conditions of this Agreement, the parties hereby agree that the Superior Court of the State of California, County of [insert County], shall be the sole jurisdiction and venue for the bringing of such action.
4.3 Legal Fees. If any legal action is necessary to enforce the terms and conditions of this Agreement, the prevailing party shall be entitled to recover all costs of suit and reasonable attorneys’ fees, as determined by the Court.
4.4 Waiver of Breach. Waiver of any default or breach of this Agreement or of any warranty, representation, covenant or obligation contained herein shall not be construed was a waiver of any subsequent breach.
4.5 Entire Agreement. This Agreement contains the entire agreement of the parties hereto and supersedes any prior written or oral agreement between them relating to the subject matter contained herein.
4.6 Amendment. This Agreement may be modified or amended only by, and to the extent of, the written agreement of the parties hereto.
4.7 Cumulative Remedies. No right or remedy herein conferred, or reserved to, either party is intended to be exclusive of any other remedy or right, and each and every right or remedy shall be cumulative and in addition to any right or remedy given hereunder or now or hereafter existing at law or in equity or by statute.
4.8 Successors. This Agreement shall be binding upon and inure to the benefit of the successors and assigns of the parties, to the extent this Agreement is assignable.
4.9 Section Headings. The various section headings are inserted for convenience of reference only and shall not affect the meaning or interpretation of this Agreement or any Section thereof.
4.10 Assignability. This Agreement is not assignable by either party without the express written consent of both parties.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement in one or more counterparts, which taken together, shall constitute one agreement, which Agreement shall be effective as of and on the date first stated above.
[insert Employer’s full legal name]
[insert Employee’s full legal name]
[insert name of signatory and title if Employer is not an individual]