HIGHR1 STANDARD RECRUITING AGREEMENT
AGREEMENT FOR SEARCH, RECRUITMENT, AND PLACEMENT SERVICES
FEES AND EXPENSES: The CLIENT agrees to pay a placement fee to the RECRUITING FIRM in the amount of ____ % of the
candidate’s estimated total first year’s compensation, including estimated commissions and bonuses, and any signing bonus – or a
minimum fee of $______, whichever is greater. Such fee is not subject to reduction even if the candidate’s employment terminates.
The CLIENT will be obligated to pay such a fee whenever; –
1. A candidate referred to the CLIENT by the RECRUITING FIRM is hired, directly or indirectly, for any position, as an
employee, consultant, or independent contractor, by the CLIENT, its affiliates, parents, or subsidiaries, or
2. A candidate referred to the CLIENT by the RECRUITING FIRM is referred by the CLIENT to another employer or
recruiting firm and the candidate is hired, directly or indirectly, for any position, as an employee, consultant, or
independent contractor, by such employer or through such recruiting firm.
3. The RECRUITING FIRM’S fee is earned if a candidate referred by the RECRUITING FIRM accepts a position, as a result
of the RECRUITING FIRM’S referral or otherwise, with the CLIENT, or any related company, in any capacity, as an
employee, consultant, or independent contractor, within 12 months of the most recent activity on behalf of that candidate
by RECRUITING FIRM.
4. If the RECRUITING FIRM refers a candidate to the CLIENT with whom the CLIENT has already interviewed or scheduled
an interview, and the CLIENT so advises the RECRUITING FIRM within ____ business days following the referral, the
CLIENT will not owe the RECRUITING FIRM a fee in the event the CLIENT hires the candidate. The CLIENT shall
provide the RECRUITING FIRM with documentation at the RECRUITING FIRM’S request sufficient to establish that the
interview has been held or scheduled.
5. The CLIENT agrees not to require any candidate to reimburse the CLIENT for any fee or expense paid to the
RECRUITING FIRM.
For the purpose of the paragraphs above, the word “referred” means any manner or means of communication of a candidate’s
identity.
In addition to any fees, the CLIENT agrees to pay all reasonable CLIENT preapproved expenses incurred by the RECRUITING
FIRM related to the performance of its services under this agreement.
ACCOUNT MANAGEMENT FEE: Upon signing this agreement, the CLIENT will agree to pay the RECRUITING FIRM a recurring
and nonrefundable account management fee of $_______ per month. This fee will not be credited against any further fee that may
become due in connection with this agreement. All other terms and provisions of our agreement remain in full force and effect. No
search may begin until the account management fee is paid.
VOLUME DISCOUNT: If the CLIENT hires multiple candidates referred by the RECRUITING FIRM in a calendar year, the fee for all
placements in the calendar year after the ___ placement shall be _______.
REPLACEMENT WARRANTY: In the event, the employment of a candidate referred to the CLIENT under this agreement lasts less
than ____ calendar days, and provided that all fees and expenses relating to such referral have been paid, the RECRUITING FIRM
will attempt to refer a replacement candidate for the same position at no additional charge to the CLIENT. The RECRUITING
FIRM’S obligation under this agreement is limited to attempting to find a replacement candidate. No refund will be made if the
CLIENT hires a replacement from any source, or if the CLIENT is no longer actively seeking to fill the position.
1. This provision shall not apply if the candidate is laid off for lack of work, or resigns because the CLIENT has significantly modified
the candidate’s job duties or assigned him or her to another position.
PAYMENT TERMS: CLIENT agrees to pay all placement fees and related expenses within ____ days after __________________.
InterestThe interest of 1% per month will be charged on unpaid fees more than ____ days past due. CLIENT agrees to reimburse
RECRUITING FIRM for all reasonable costs of collection, including attorney fees.
TERMINATION AND SURVIVAL OF CERTAIN PROVISIONS: This agreement may be terminated by either party upon issuance of
____ days’ written notice to the other party. However, CLIENT shall remain liable to RECRUITING FIRM for all fees and expenses
due under this agreement for any candidate referred to CLIENT, its affiliates, parents, or subsidiaries, prior to termination. All other
provisions of this agreement that by their terms extend beyond the termination of this agreement shall survive such termination and
remain in full force and effect.
CONFIDENTIALITY OF REFERRALS: All candidate referrals made by the RECRUITING FIRM are made on a confidential basis
and the CLIENT shall hold the RECRUITING FIRM harmless from any liability resulting from the CLIENT’S unauthorized disclosure
or misuse of information regarding any candidates or their candidacy.
NON-DISCRIMINATION: The RECRUITING FIRM does not discriminate in referrals, or consent to discrimination by its clients,
against any candidate on the basis ofbased on age, race, color, religion, disability, sex, national origin, or veteran status.
INDEPENDENT CONTRACTOR: The services provided by the RECRUITING FIRM under this agreement are provided as an
independent contractor. Nothing in this agreement shall be construed as creating the relationship of principal and agent, joint
venturers, or employer and employee, between the RECRUITING FIRM and the CLIENT.
GOVERNING LAW: This agreement will be governed by and enforced in accordance with the laws of the state of __________. The
parties agree that state and federal courts within the state of __________ shall have the exclusive jurisdiction over any litigation
brought or arising out of this agreement.
ENTIRE AGREEMENT: This agreement constitutes the entire understanding between the parties and supersedes any prior
promises or negotiations.
COST OF ENFORCING AGREEMENT: In the event the RECRUITING FIRM institutes litigation to enforce its rights under this
agreement and is the prevailing party in such litigation, the RECRUITING FIRM shall be entitled to costs of suit and reasonable
attorney fees incurred by it in connection with such litigation.
SEVERABILITY: If any provision in this agreement is deemed illegal and unenforceable, that provision will be severed from the
agreement and the remaining provisions shall remain in full force and effect.
DISCLAIMER: The RECRUITING FIRM does not guarantee the performance of any candidate or the accuracy of information
provided regarding a candidate, and disclaims any responsibility for claim, loss, or liability as a result of a candidate’s acts or
omissions. The RECRUITING FIRM urges the CLIENT to conduct such investigations, as it deems necessary to verify candidate
information or to obtain such other information, as it may deem relevant.
CLIENT RECRUITING FIRM
By: __________________________________ By: ____________________________________
Print name and title of client representative Print name and title of recruiting firm representative
__________________________________ ____________________________________
Print name of client company Print name of recruiting firm
__________________________________ ________________________
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