CONTRACT OF EMPLOYMENT
THE PARTIES: This Agreement (“Agreement”) made on ______________________, 20____,
is between Los Toxicos Mariscos with a mailing address of ______________________, City of
______________________, State of ______________________ (“EMPLOYER”) and Luis
Naranjo with a mailing address of ______________________, City of
______________________, State of ______________________ (“EMPLOYEE”) both of whom
agree as follows:
IN CONSIDERATION OF the matters described above and of the mutual benefits and
obligations set forth in this Agreement, the receipt and sufficiency of which consideration is
hereby acknowledged, the Restaurant and the Manager (individually the “Party” and collectively
“The Parties” to this agreement) agree as follow:
The EMPLOYEE, who hereby accepts the appointment and is appointed as a
for the EMPLOYER.
The term of this agreement (the “Term”) will begin on the date on this agreement and
will remain on full force and effect until the completion of the services, subject to earlier
termination as provided in this Agreement. The Term may be extended with the written
consent of the parties.
3. AUTHORITY TO ENTER AGREEMENT Each Party warrants that the individuals
who signed this Agreement have the actual legal power, right and authority to make this
agreement and bind each respective Party.
4. EMPLOYEES DUTIES
a. The core of the EMPLOYEE’s duties towards the EMPLOYER is a duty to
obey all lawful and reasonable order and to perform such work as she / he is
directed to perform which falls within his / her vocational ability.
b. Without limiting the aforesaid duties, the EMPLOYEE is obliged to strictly
comply with the provision of this agreement, may not misappropriate the
EMPLOYER’s property, keep all information entrusted to him / her confidential
and have to adhere to the general Code of Conduct that governs all relations
with co-employees, clients and customers.
c. Assist in the effective running of the restaurant and ensure all matters are
The EMPLOYEE will execute his / her duties at the following location:
that the EMPLOYER may require the EMPLOYEE to execute his / her duties at such a
place as may be indicated by the EMPLOYER. Such an instruction will be given in
writing to the EMPLOYEE.
As compensation, the individual appointed will receive 10% of the net profits as
compensation for the services rendered to the restaurant. Payment will be done quarterly.
The owners of the restaurant retain full ownership of the restaurant, the manager does not
own any percentage of the restaurant despite the fact that they help with the running of it.
8. INTELLECTUAL PROPERTY
The restaurant shall own all right, title and interest, including without limitation all
intellectual property rights, in and to the Administration System, the trademarks, trade
names, trade dress, service marks and the associated names and logos used from time to
9. DISPUTE RESOLUTION
If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute
will be finally and exclusively resolved by binding arbitration. The arbitration shall be
commenced and conducted under the Commercial Arbitration Rules of the American
Arbitration Association ("AAA"). The arbitration may be conducted in person, through
the submission of documents, by phone, or online. The arbitrator will make a decision in
writing, but need not provide a statement of reasons unless requested by either Party. The
arbitrator must follow applicable law, and any award may be challenged if the arbitrator
fails to do so. If for any reason, a Dispute proceeds in court rather than arbitration, the
Dispute shall be commenced or prosecuted in the state and federal courts located in
[name of county] County, [name of state], and the Parties hereby consent to, and waive
all defenses of lack of personal jurisdiction, and forum non convenient with respect to
venue and jurisdiction in such state and federal courts. Application of the United Nations
Convention on Contracts for the International Sale of Goods and the Uniform Computer
The Employee acknowledges that the confidentiality of the Employer’s confidential
information is critical to the Employer’s success and that the Employer has invested
substantial time, money and effort in developing such confidential information.
Therefore, during the term of his employment and after termination thereof, the
Employee undertakes not to reproduce, publish, use, disclose, show or otherwise
communicate to any person or entity any of the Employer’s confidential information,
unless the Employer expressly permits or instructs him to do so. This confidentiality
clause applies until the confidential information becomes generally known to the public
through an act of the Employer or another source, unless it becomes known to the public
through the fault of one of the Employer’s employees.
During the employment with the Restaurant and for a period of two years following the
date Executive ceases to be employed by the Company and its affiliates, Executive will
not: engage in any Competitive Activity, induce or attempt to induce customers, business
relations or accounts of the Company or any of its affiliates to relinquish their contracts
or relationships with the Company or any its affiliates or solicit, entice, assist or induce
other employees, agents or independent contractors to leave the employ of the Company
or any of its affiliates or to terminate their engagements with the Company and/or any of
its affiliates or assist any competitors of the Company or any of its affiliates in securing
the services of such employees, agents or independent contractors
All notices under this Agreement shall be in writing and sent to the address of the
recipient specified herein. Any such notice may be delivered by hand, by overnight
courier, certified mail with return receipt, or first class pre-paid letter, and will be deemed
to have been received (1) if delivered by hand – at the time of delivery; (2) if delivered by
overnight courier – 24 hours after the date of delivery to courier with evidence from the
courier; (3) if delivered by certified mail with return receipt – the date as verified on the
return receipt; (4) if delivered by first class mail – three (3) business days after the date of
During the course of this agreement, the parties may terminate this Agreements if there is
illegal activity, destruction of property or any other breach.
If any term, covenant, condition, or provision 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,
15. FORCE MAJEURE
Neither party shall be liable for any failure to perform under this Agreement when such
failure is due to causes beyond that party’s reasonable control, including, but not limited
to, acts of State or governmental authorities, acts of terrorism, natural catastrophe, fire,
storm, flood, earthquakes, accident, and prolonged shortage of energy.
16. GOVERNING LAW
This Agreement shall be governed under the laws in the State of California.
17. AMENDMENT AND MODIFICATION
No supplement, modification or amendment of this Agreement shall be binding unless
executed in writing and signed by both parties
No waiver of any default shall constitute a waiver of any default or breach, whether of the
same or other covenant or condition. No of any service voluntarily given or performed by a
Party shall give the other Party any contractual right by contractual right or otherwise.
THUS, DONE AND SIGNED at
on this day of 20
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