EMPLOYMENT CONTRACT
THIS CONTRACT OF EMPLOYMENT (“this Agreement”) is entered into by and between
[NAME] of address ADDRESS and [NAME] of address [ADDRESS]
(“employee”) on [DATE]
WHEREAS the employer is a commercial loan broker packaging loan requests and places them
with its funding sources all over the country;
WHEREAS the reason for the appointed position is to expand the employer’s efforts in the
equipment finance capacity;
WHEREAS the Employer desires to obtain the benefit of the services of the Employee, and the
Employee desires to render such services on the terms and conditions set forth.
NOW, THEREFORE, in consideration of the premises, and of the mutual promises and
undertakings herein contained, the parties, intending to be legally bound, do agree as follows:
- APPOINTMENT AND RESPONSIBILITIES
1.1 The EMPLOYEE hereby accepts the appointment and is appointed as a Sr.
Equipment Finance Broker.
1.2 The role of the employee is to call on equipment resellers and companies that need
lease and loan service or whose clients need lease or loan services.
1.3 The Employee is required to;
(i) Be time conscious in all their undertaking including but not limited to
appointments.
(ii) Give normal updates to management
(iii) Be professional in demeanor
(iv) Be presentable at all times
(v) Respond to all emails and voicemails with respect to the job
(vi) Plan sales activities
(vii) Gather documentation
(viii) Submit deal packages in an accurate and timely manner
(ix) Conduct calls and face to face meetings with customers / clients/prospect
daily and maintain relationships on behalf of the company with new and
repeat customers.
(x) Educate customers on how products or services can benefit them financially
and professionally.
1.4 The Employee agrees that he/she will at all times faithfully, industriously, and to the
best of his/her skill, ability, experience and talents, perform all of the duties required
of his/her position. In carrying out these duties and responsibilities, the Employee
shall comply with all Employer policies, procedures, rules and regulations, both
written and oral, as are announced by the Employer from time to time. It is also
understood and agreed to by the Employee that his assignment, duties and
responsibilities and reporting arrangements may be changed by the Employer in its
sole discretion without causing termination of this agreement.
- COMPENSATION
2.1 The appointed position is an outside sale role and will be exempted from overtime.
The role is 100% commission and is an outside sale role and therefore exempt from
hourly pay and overtime.
2.2 The Employee shall be entitled to an incentive plan for specific rates and amounts.
The Incentive plan can change at any time to suit the best interests of the company’s
future and so on.
2.3 The incentive plan shall be attached to this contract for further details and
clarification
- DURATION
This agreement will become affective as from _ (insert date) and it will
continue for an indefinite period until it has been cancelled in terms hereof. - PROBATION PERIOD
It is understood and agreed that the first six months of employment shall constitute a
probationary period during which period the Employer may, in its absolute discretion,
terminate the employee without just cause. - TERMINATION
(a) The Employee may at any time terminate this agreement and his/her employment by
giving not less than 21 days written notice to the Employer.
(b) The Employer may terminate this Agreement and the Employee’s employment by
giving not less than 21 day written notice to the Employee.
(c) The employee agrees to return any property of the Employer in the event of
termination. - NON-COMPETITION
6.1 It is further acknowledged and agreed that following termination of the employee’s
employment with the company for any reason, the employee shall not hire or attempt
to hire any current employees of the Company.
6.2 It is further acknowledged and agreed that following termination of the employee’s
employment with the Company for any reason, the employee shall not solicit business
from current clients or clients who have retained the Company in a period of
__ [month/years] immediately preceding the employee’s termination. - CONFIDENTIALITY
7.1 Confidential Information
For purposes of this Contract, “Confidential Information” shall mean information or
material proprietary to the Employer or designated as confidential by the Employer.
Confidential information includes information pertaining to Clients, funding sources,
partners and general information learned about in the role.
7.2 Non-Disclosure. The Employee hereby agree that during the term hereof and at all
times thereafter, and except as specifically permitted herein or in a separate writing
signed by the Employer , the Employee shall not use, commercialize or disclose
confidential Information to any person or entity.
7.3 The employee shall not disclose confidential information to any person or entity not
material to credit request.
7.4 Upon termination, or at any time upon the request of the Disclosing Party, the
Receiving Party shall return to the Disclosing Party all Confidential Information,
including all notes, data, reference materials, sketches, drawings, memorandums,
documentations and records which in any way incorporate Confidential Information.
- GOVERNING LAWS
This Agreement shall be construed and governed in accordance with the laws of the State
of Washington - INDEPENDENT LEGAL ADVICE
The Employee acknowledges that the Employer has provided the Employee with a
reasonable opportunity to obtain independent legal advice with respect to this agreement,
and that either:
(a) The Employee has had such independent legal advice prior to executing this
agreement, or;
(b) The Employee has willingly chosen not to obtain such advice and to execute this
agreement without having obtained such advice. - ENTIRE AGREEMENT
This agreement contains the entire agreement between the parties, superseding in all
respects any and all prior oral or written agreements or understandings pertaining to the
employment of the Employee by the Employer and shall be amended or modified only by
written instrument signed by both of the parties hereto. - SEVERABILITY
The parties hereto agree that in the event any article or part thereof of this agreement is
held to be unenforceable or invalid then said article or part shall be struck and all
remaining provision shall remain in full force and effect. - DISPUTES
Any dispute relating to any rights and/ or obligations arising from this Agreement which is
not resolved by the parties shall be arbitrated by a competent arbitration team.
In the event where a meaningful resolution is not achieved, the dispute will be litigated in a
court of competent jurisdiction with each party responsible for their own legal fees.
- INDEMNIFICATION
The Employee shall indemnify and hold the Employer harmless for any loss or liability
arising from performing services under this agreement unless it is as permitted by the law
on grounds of negligence on the part of the Employer.
IN WITNESS WHEREOF the Employer has caused this agreement to be executed by its
duly authorized officers and the Employee has set his hand as of the date first above
written.
SIGNED, SEALED AND DELIVERED in the presence of:
[Name of employee]
[Signature of Employee]
[Name of Employer Rep]
[Signature of Employer Rep]
[Title]
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