EMPLOYMENT AGREEMENT
THIS EMPLOYMENT AGREEMENT (hereinafter “the Agreement”) is made and
entered into this day of _________________[Date], _________________[Month], Two
Thousand and Twenty-Three (2023).
BETWEEN;
1. [Company’s Name] having a primary address at the following:
_________________ [Address] (hereinafter “the Company”) of the first part;
AND
2. [Eamonn {COO’s Full Names}] having a primary address at the following:
_________________ (hereinafter “the Employee”) of the second part.
The Company and the Employee may be referred to individually as “Party” and
collectively as “the Parties”.
WHEREAS, the Company wishes to procure the services of Employee under the terms
and conditions set forth and Employee wishes to be employed on these terms and
conditions.
WHEREAS, the parties to this Agreement wish to enter into a written expression of
their relationship as Employer and Employee.
NOW, THEREFORE, in consideration of the agreements contained in this
Employment Agreement, the Parties, intending to be legally bound, agree as follows:
1. EMPLOYMENT
The Company agrees to employ Employee, and Employee accepts employment
with the Company, on and subject to the terms and conditions set forth in this
Agreement.
pg. 2
Term. The Company will employ the Employee pursuant to this Agreement
effective as of [DATE], [MONTH] [YEAR]. The employment of employee will be at-
will, meaning that employment may be terminated by either party at any time in
accordance with the provisions of Section 6.
2. DUTIES AND RESPONSIBILITIES
Position and Duties: The Company agrees to employ Employee to act as its
Chief Operating Officer (COO). Employee shall be responsible for performing the
duties as described:
a) Supervise and manage logistics;
b) Provide business advisory;
c) Provide expertise in the Company’s game plan and business plan;
d) Assist with tasks of the business in regards to building accounts and/ or
human resources.
Employee agrees that he will serve the Company faithfully and to the best of
his ability during the term of employment, under the direction of the Chief Executive
Officer of the Company who shall be responsible for performing the duties as
described:
a) Final decision maker;
b) Make final communications;
c) Supervision of the Company;
d) Provide capital for the business and investment(s).
The Company and Employee may jointly from time to time to change the nature of
Employee’s duties and job title.
Time Devoted to Work. Employee agrees that he will devote all of the
necessary business time, attention, and energies, as well as Employee’s best talents
and abilities to the business of the Company in accordance with the Company’s
instructions and directions. Employee may engage in other business activities
unrelated to the Company during the term of this Agreement so long as such other
business activities do not interfere with the terms and conditions of this Agreement.
pg. 3
3. PLACE OF EMPLOYMENT
Employee shall perform his duties under this Agreement at
_________________[ADDRESS].
4. COMPENSATION
Employee shall receive twenty (20%) of the Company’s generated profits from
the amazon business after the expenses are paid and settled.
5. CONFIDENTIALITY.
The Employee acknowledges that during the engagement Employee will have
access to and become acquainted with various trade secrets, inventions, innovations,
processes, information, records and specifications owned or licensed by the Company
and/or used by the Company in connection with the operation of its business
including, without limitation, the Company’s business and product processes,
methods, customer lists, accounts and procedures.
The Employee agrees that Employee will not disclose any of the aforesaid,
directly or indirectly, or use any of them in any manner, either during the term of this
Agreement or at any time thereafter, except as required in the course of this
engagement with the Company. All files, records, documents, blueprints,
specifications, information, letters, notes, media lists, original artwork/creative,
notebooks, and similar items relating to the business of the Company, whether
prepared by the Employee or otherwise coming into Employee’s possession, shall
remain the exclusive property of the Company.
The Employee shall not retain any copies of the foregoing without the
Company’s prior written permission. Upon the expiration or earlier termination of this
Agreement, or whenever requested by the Company, the Employee shall immediately
deliver to the Company all such files, records, documents, specifications,
information, and other items in Employee’s possession or under Employee’s control.
pg. 4
6. TERMINATION OF EMPLOYMENT
Employee’s employment hereunder shall automatically terminate upon:
(i) his death;
(ii) Employee voluntarily leaving the employ of the Company;
(iii) at the Company’s sole discretion, upon fifteen (15) days prior written notice
to Employee if the Company terminates his employment hereunder without
"cause;"
(iv) at the Company’s sole discretion, upon two (2) days prior written notice to
Employee if the Company terminates his employment hereunder for "cause."
For purposes hereof, "cause" shall include:
(i) Employee’s willful malfeasance, misfeasance, nonfeasance or gross
negligence in connection with the performance of his duties (which shall not
include any exercise of business judgment in good faith),
(ii) any willful misrepresentation or concealment of a material fact made by
Employee in connection with this Agreement; or
(iii) the willful breach of any material covenant made by Employee hereunder.
Payments on Termination. In the event that Employee’s employment under
this agreement is terminated for any reason, Company shall promptly pay Employee
any amounts due to Employee under this agreement, including any salary accrued
through the date of termination, and reimbursement for business related expenses
during the period of Employee’s employment, providing that such expenses are
submitted in accordance with Company policies, but such payments shall be in full
satisfaction of all Company’s obligations to Employee.
7. BINDING AGREEMENT
Company’s Successors. The rights and obligations of the Company under this
Agreement shall inure to the benefit of and shall be binding upon the successors and
assigns of the Company.
pg. 5
Employee’s Successors. This Agreement shall inure to the benefit and be
enforceable by Employee’s personal representatives, legatees, and heirs. If Employee
dies while amounts are still owed, such amounts shall be paid to Employee’s legatees
or, if no such person or persons have been designated, to Employee’s estate.
8. WAIVERS
The waiver by either party of a breach of any provision of this Agreement shall
not operate or be construed as a waiver of any subsequent breach.
9. ENTIRE AGREEMENT
No Other Agreements. This instrument contains the entire Agreement of the
parties pertaining to the employment of Employee by the Company. The parties have
not made any agreements or representations, oral or otherwise, express or implied,
pertaining to the employment of Employee by the Company other than those
specifically included in this Agreement.
Prior Agreements. This Agreement supersedes any prior agreements pertaining
to or connected with or arising in any manner out of the employment of Employee by
the Company. All such agreements are terminated and are of no force or effect
whatsoever.
10. SEVERABILITY OF PROVISIONS
If any provision of this Agreement is invalidated or held unenforceable, the
invalidity or unenforceability of that provision or provisions shall not affect the
validity or enforceability of any other provision of this Agreement.
11. FORCE MAJEURE
In no event shall the Parties be responsible or liable for any failure or delay in
the performance of its obligation under this Agreement arising out of or caused by,
directly or indirectly, forces beyond its reasonable control, including without
limitation, strikes, work stoppages, accidents, acts of war or terrorism, civil or
pg. 6
military disturbances, nuclear or natural catastrophes or acts of God, and
interruptions, loss or malfunctions of utilities, communications or computer (software
or hardware) services.
12. ASSIGNMENT OF AGREEMENT
Other than as otherwise provided for in this Agreement, so long as Employee is
an Employee pursuant to this Agreement, the Company shall not assign this
Agreement without Employee’s prior written consent, which consent shall not be
unreasonably withheld. Employee may not assign this Agreement.
13. GOVERNING LAW
This Agreement will be governed by, and construed in accordance with, the
laws of the State of California without giving effect to its conflict of laws principles.
14. DISPUTE RESOLUTION MECHANISM
If a dispute arises out of or relates to this Agreement, or the breach thereof,
and if the dispute cannot be settled through negotiation, the parties agree first to try
in good faith to settle the dispute by mediation administered by the American
Arbitration Association under its Employment Mediation Rules before resorting to
arbitration, litigation or some other dispute resolution procedure.
15. ACKNOWLEDGMENT
Employee acknowledges that he has had the benefit of independent
professional counsel with respect to this Agreement and that the Employee is not
relying upon the Company, the Company’s attorneys or any person on behalf of or
retained by the Company for any advice or counsel with respect to this Agreement.
IN WITNESS, the parties have executed this Employment Agreement in
duplicate on the date and year first above written.
pg. 7
SIGNED by the parties:
…………………………….
(COMPANY’S NAME -COMPANY)
Represented By: Adam [CEO’s Full Names]
Title: Chief
Executive Officer (CEO)
Signature: _________________
-AND-
……………………………….
(Eamonn [COO’S FULL NAME-EMPLOYEE)
Title: Chief Operating Officer (COO)
Signature: ________________
At Legal writing experts, we would be happy to assist in preparing any legal document you need. We are international lawyers and attorneys with significant experience in legal drafting, Commercial-Corporate practice and consulting. In the last few years, we have successfully undertaken similar assignments for clients from different jurisdictions. If given this opportunity, The LegalPen will be able to prepare the legal document within the shortest time possible. You can send us your quick enquiry ( here )