Tattoo/ Permanent Makeup Apprenticeship Agreement
(hereafter referred to as “Agreement”)
This Agreement is made of the (insert day of the month) day of (insert month), (insert year), between Suzukoo Hawaii.Japan, LLC. of 1750 Kalakaua Avenue, Suite 3504; Honolulu, HI 96826 (hereafter referred to as Employer) and (insert name of apprentice) of (insert address of the apprentice) (hereafter referred to as Apprentice) of _____________________________address. (Employer and Apprentice collectively referred to as the “parties” or individually as the “party”) and includes that party’s successors and assigns.
- Apprenticeship Description and Term
Apprenticeship shall herein refer the trade, craft or skill of Tattoo/Permanent Makeup.
Employer shall offer Apprenticeship to the Apprentice per the terms of this agreement.
Apprentice, as consideration for such Apprenticeship , shall render their services in the capacity of an Apprentice of Employer from (insert day of the month) day of (insert month), (insert year) until ______________________________________.
Apprentice[MK1] clearly understands that this is an at-will voluntary, non-paid educational opportunity offered by and at the Employer’s place of business under the supervision and instruction of the Employer. Employer is allowing the Apprentice to perform services at the Employer’s place of business at a reduced cost to clients for the Apprentice’s educational benefit.
The Apprentice agrees and understands that they WILL NOT earn ANY MONETARY COMPENSATION for any services performed
Duties of Apprentice
- The duties of[MK2] Apprentice shall include
- (Specify duties of Apprentice for tattoo – Permanent Makeup Apprenticeship)
- These duties shallchange from time to time as Apprentice’s knowledge in the Apprenticeship improves.. Apprentice shall be responsible for maintaining a record of their time spent on the Apprenticeship Apprentice shall satisfactorily learn, and perform,all work [MK3] assigned to themunder the Appreticeship.
- Hours of Apprenticeship The Apprenticeship shall be offeredon an appointment basis only. This is not an hourly apprenticeship. Appointment schedules will be provided (insert number of weeks for advanced scheduling notice) weeks in advance. Each appointment should last two (2) to four (4) hours and may last longer depending on the skill level of Apprentice and appointment type.
- 3.[MK4]
- Probationary Period
- The first two (2) appointments scheduled by the Apprentice are under a probationary period. During such period, this agreement may be immediately terminated, in writing at either’s party written request .
- Termination for Cause
- Either party may terminate this agreement on failure of the other party to satisfactorily perform obligations under this [MK5] agreement.
- Indemnification and Hold Harmless Agreement
The Apprentice shall indemnify and hold harmless the Employer from and against any and all claims, liabilities or damages which arise from the actions or omissions of Apprentice e pursuant to this agreement[MK6] . This indemnification shall include all costs of litigation and counsel fees.
- Mandatory Arbitration Any dispute under this agreement shall be resolved by binding arbitration of the parties hereto. If the parties cannot agree on an arbitrator, each party shall select one arbitrator and both arbitrators shall then select a third. The third arbitrator so selected shall arbitrate the said dispute. The arbitration shall be governed by the rules of the American Arbitration Association then in force and effect.
- Non-assignment
The Apprentice shall not transfer or assign this agreement without the Employer’s consent. However, the Employer may transfer or assign this agreement or subcontract its obligations hereunder at any time without the Apprentice’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 with respect to such obligations.
- Confidentiality
All non-public, confidential or proprietary information of the Employer, disclosed by the Employer to the Apprentice, whether disclosed orally or disclosed or accessed in written, electronic or other form or media, and whether or not marked, designated or otherwise identified as “confidential” in connection with this agreement is confidential, solely for the use of performing this agreement and may not be disclosed or copied unless authorized in advance by the Employer in writing. Upon the Employer’s request, the Apprentice shall promptly return all documents and other confidential materials received from the Employer. The Employer shall be entitled to injunctive relief for any violation of this Section. This Section does not apply to information that is: (a) in the public domain; (b) known to the Apprentice at the time of disclosure; or (c) rightfully obtained by the Apprentice on a non-confidential basis from a third party.
- 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.
- Apprentice acknowledgments: The Apprentice acknowledges that they have been provided with the opportunity to negotiate this agreement and to seek legal counsel before signing this agreement. In addition, they acknowledge that they have the capacity to contract and enter into this agreement and that further, they have entered into this agreement freely and voluntarily.
- General provisions
- This agreement may be amended only by the written consent of the parties hereto.
- If any provision is held to be invalid or unenforceable, it shall not affect the validity or enforceability of any other provision.
- 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. The parties will exercise utmost good faith in this agreement.
- Unless otherwise provided, failure by either party to enforce any of the terms or conditions of this agreement shall not be a waiver of their right to enforce the terms and conditions of this agreement.
- This agreement may be executed in any number of counterparts, each of which shall be an original and all of which shall together constitute the same instrument.
- The Article and Section headings in this agreement are for convenience, and they form in no part of this agreement and shall not affect its interpretation.
- Whenever used herein, the singular number shall include the plural, and the plural number shall include the singular.
- Any references herein to the masculine gender or to the masculine form of any noun, adjective, or possessive shall be construed to include the feminine or neuter gender and form, and vice versa.
- This agreement shall be governed in all respects by the laws of the State of Honolulu, Hawaii.
The parties shall be served through the addresses they have provided above (including email), in writing and where applicable, delivered in person or sent by registered or certified mail (return receipt requested) or nationally recognized overnight delivery service, postage prepaid, or delivered via telecopier or facsimile transmission, and either party may change their addressees by reasonable notice in writing given to the other party.IN WITNESS WHEREOF, the parties have executed this agreement as of the day and date first above mentioned.
EMPLOYER APPRENTICE
Suzukoo Hawaii.Japan, LLC.
[MK1]It is prudent to define when the contract ends, does it end on a specific date or is it indefinite? If it ends on as specific date, insert the day, month and year but if it is indefinite you can state “until termination” or “The agreement shall be perpetual.”
[MK2]This is repetitive, duties and assignment refer to the same issue.
[MK3]This is also repetitive.
[MK4]This has already been covered above.
[MK5]It is not necessary to use the word “apprenticeship agreement” since at the top of the document, it has been stated that the whole document has been referred to as the “agreement”.
[MK6]Please note that you do not need to refer to the training, instruction etc, simply saying “pursuant to this agreement” is enough since the agreement has already elaborated the parties’ relationship.
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