EMPLOYMENT CONTRACT
BETWEEN
FRANKY CARPENTRY INC (EMPLOYER/ COMPANY)
AND
____________________________________________(EMPLOYEE)
__________________________________________________________________________________
THIS AGREEMENT is made on the ………. day of………………….. 20……., (hereinafter,
“Effective Date”) entered into by the Employer and the Employee (Employer and Employee
collectively referred to as the “Parties” or individually as the “Party”) and includes that Party’s
successors and assigns.
WHEREAS the Employer desires to retain the roofing services of the Employee, and the Employee
desires to render such services, these terms and conditions are set forth.
IN CONSIDERATION of this mutual understanding, the parties agree to the following terms and
conditions:
1. COMMENCEMENT AND DURATION
This agreement shall be valid from the Effective Date until Termination.
2. EMPLOYMENT
The Employee agrees that they will faithfully and to the best of their ability to carry out the duties and
responsibilities communicated to them by the Employer. The Employee shall comply with this
agreement, all applicable laws, policies, rules, and procedures and the industry standards at all times.
From time to time, the Employer may also add other duties within the reasonable scope of the
Employee’s work. The Employee accepts employment with the Employer on the terms and conditions
outlined in this contract and agrees to devote their time and attention to the professional performance
of their duties.
The Employees shall be responsible for having any of their new recruits subject to the Employer’s
payroll and registered to the Employer’s company, the Employer shall have the authorization to stop
working with anyone who is not under their payroll or so registered. The Employee agrees and
understands that the Employer shall not be liable for any house leaks.
3. TOOLS AND EQUIPMENT
The Employee shall be in charge of providing their own tools and equipment needed to perform the
services, this shall include but not be limited to the harness and safety equipment.
4. COMPENSATION
As compensation for the services provided, the Employee shall be paid $__________ per week. All
payments shall be subject to mandatory employment deductions. Moreover, the Employer may
withhold, or deduct any amounts due to damages caused by the Employee, unfinished work, or
unsatisfactory work e.g a house not passing inspection, leaking or non-adherence to the work deadline.
For every house that does not pass inspection, the Employee shall incur a $60 fee. The Employer shall
withhold the check of the first week.
5. INDEMNIFICATION
The Employee agrees to indemnify, hold harmless and defend the Employer and its directors, officers,
employees, and agents from and against any incidental, consequential, indirect or special damages, or
for any loss of profits or business interruptions caused or alleged to have been caused by the
performance or nonperformance of the services herein.
6. EXCLUSIVITY
During your time of Employment with the Employer, you may not engage in any work for another
Employer that is related to or in competition with the Employer. You will fully disclose to your
Employer any other Employment relationships that you have, and you will be permitted to seek other
employment provided that:
(a) it does not detract from your ability to fulfill your duties; and
(b) you are not assisting another organization in competing with the Employer.
7. NON-SOLICITATION
The Employee shall not interfere with the Employer’s relationship with, or endeavor to entice away
from the Employer, the Employer’s clients, or any person who had a material business relationship
with the Employer in the duration of this agreement.
8. NON-COMPETE
The Employee shall not directly or indirectly engage in the businesses in which the Employer engages
in or in which the Employer has an actual intention, to engage in, within ____________miles from the
premises in which the Employer is then conducting such business for (2) years after the termination of
this agreement.
9. NON-ASSIGNMENT
The Employee shall not transfer or assign this agreement, they are solely responsible for carrying out
their duties herein. However, the Employer may transfer or assign this agreement or subcontract its
obligations hereunder at any time without the Employee’s consent. If the Employer does so, anyone to
whom the Employer transfers, assigns, or subcontracts any or all of its obligations will have all of the
Employer’s rights to such obligations.
10. RETURN OF THE PROPERTY
The Employee agrees to return any Employer property upon termination or demand by the Employer.
All property should be returned in the same condition it was in at issuance failure to which damages
shall become payable. Reasonable wear and tear will be allowed.
11. DISPUTE RESOLUTION
Parties agree to settle disputes under this Agreement through Mediation.
12. TERMINATION
Both Parties intend to form a long and mutually profitable relationship. However, this relationship
may be terminated by either Party at any time due to disagreement or breach provided 14 days written
notice is delivered to the other Party. If a Party wishes to terminate the contract with less than these
stated days, the other Party reserves the right to charge costs that they have already paid in advance or
incurred.
13. CONFIDENTIALITY
As an Employee, you will have access to Employer information that is confidential or proprietary.
You are not permitted to disclose this information, whether such information is stated to be
confidential or not, without the express written permission of the Employer unless in exercise of your
duties herein or otherwise provided by law. You shall not use for personal use or allow others to use
the Employer’s information to the detriment of the Employer. You shall only use the Employer’s
information to execute your duties under this agreement.
14. LEGAL AUTHORIZATION
The Employee agrees that they are fully authorized to work in the United States (US) and can provide
proof of this with legal documentation. This documentation will be obtained by the Employer for legal
records.
15. FORCE MAJEURE
For this Agreement, "Force Majeure" means an event which a diligent party could not have reasonably
avoided in the circumstances, which is beyond the control of a party and includes, but is not limited to,
war, riots, civil disorder, earthquake, storm, flood or adverse weather conditions, strikes, lockouts or
other industrial action, terrorist acts, confiscation or any other action by government agencies. A
Party’s failure to fulfill its obligations due to Force Majeure shall not be considered a breach of this
Agreement, provided that the Party has taken all reasonable precautions, due care, reasonable
alternative measures, and minimal delay all to carry out the terms of this Agreement.
16. DRAFTING RESPONSIBILITY
Neither party shall be held to a higher standard than the other party in the interpretation or
enforcement of this Contract as a whole or any portion hereof based on drafting responsibility.
17. NO WAIVER
Except where otherwise provided, failure by either party to enforce any of these terms or conditions
shall not be a waiver of their right to enforce them. No waiver by a party of any breach of, or of
compliance with, any condition or provision of this Agreement by the other party shall be considered a
waiver of any other condition or provision or of the same condition or provision at another time.
18. CHANGES TO THE AGREEMENT
Either Party may request changes to the agreement, but they will only be effective if agreed in writing,
and signed by all Parties. If any ambiguity is found in the agreement or various documents forming
this agreement, the Parties shall issue any necessary clarification or instruction.
19. NOTICES
Any notice required to be given between the Parties pursuant to the provisions of this
Agreement shall be in writing and shall be deemed duly given:
(i) if delivered by hand and receipted for by the party addressee, on the date of such
receipt,
(ii) (ii) if mailed by domestic certified or registered mail with postage prepaid, on the
third business day after the date postmarked, or
(iii) sent by email.
at the following addresses or such changed address as the Party shall have specified by
written notice, provided that any notice of change of address shall be effective only upon
actual receipt.
Any notice delivered by email shall request a receipt thereof confirmed by email or in writing
by the recipient, and the effective date of such notice shall be the date of receipt, provided
such receipt has been confirmed by the recipient.
Employer: 2565 Brantley Blvd. Naples, Fl 341174
Employee: __________________________________________________________________
20. ENTIRETY
This agreement constitutes the entire agreement between the parties. It supersedes all prior oral or
written agreements or understandings between the Parties concerning the subject matter of this
agreement. All documents annexed to this agreement shall be subject to the terms under this
agreement, provided that the Parties append their signatures on the documents. The Parties will
exercise utmost good faith in this agreement.
21. PRONOUNS
All pronouns and any variations thereof shall be deemed to refer to the masculine, feminine, neuter,
singular, or plural, as the identity of the person or entity may require. As used in this agreement: words
of the masculine gender shall mean and include corresponding neuter words or words of the feminine
gender, and words in the singular shall mean and include the plural and vice versa.
22. HEADINGS
The article and section headings in this agreement are for convenience; they form in no part of this
agreement and shall not affect its interpretation.
23. COUNTERPARTS
This agreement may be executed in any number of counterparts, each of which shall be deemed to be
an original and all of which taken together shall constitute one instrument.
24. SEVERABILITY
The parties agree that if any portion of this contract is found to be void or unenforceable, it shall be
struck from the record, and the remaining provisions will retain their full force and effect.
25. JURISDICTION
This contract shall be governed, interpreted, and construed in accordance with the laws of the State of
Florida without regard to its conflicts of law provisions.
Both parties whose signatures appear below hereby warrant that they are fully authorized and entitled
to enter into this agreement and do so agree on the dates written below by affixing their signatures
below.
Signed by the duly authorized representative
of the EMPLOYER
Signature:
Name:
Designation:
Date: …………………………………………….
Signed by the EMPLOYEE
Signature:
Name:
Date: …………………………………………
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