Policies and Procedures Agreement – Event Staff

February 5, 2023

Policies and Procedures Agreement – Event Staff

 

Indicate your understanding of our policies and procedures as outlined below by signing and returning this “Agreement” it to our office.   Note, the term “Company” is used herein to refer to you, the client.

 

  • 1 – 4 workers no supervisor required.
  • 5 – 25 (1) One working supervisor is required.  
  • The supervisor will have 1 master timesheet. 
  • 26 -50 personnel (2) Two working supervisors are required.
  • The Working supervisor will coordinate lunch and breaks schedules.

 

  • Personnel working a 4 hr shift are entitled to a 15 minute break.  5 or more hours a 30 minute lunch break is required.  Breaks are coordinated around the event flow.  Schedules are rotated by the Supervisor.

 

All temporary personnel and / or contractors furnished by e3 Personnel shall be required to complete weekly timesheets that reflect the time of rendered services on behalf of the Company and for which the Company will be billed. All timesheets must be signed by the temporary employee and by an authorized representative of the Company.

 

  • Minimum daily hours – All personnel are paid a minimum of 4 hours per day for each workday. An 8-hour workday includes time for training, briefing, lunch and breaks.

 

  • Overtime/double time rates and policies.  Holidays and all hours worked in excess of 40 hours in a week shall be paid and charged at a rate of time and one half.  Estimated total overtime hours will be based on actual schedule.

 

  • Standard event attire is:  black pants and a white dress shirt.

 

All temporary personnel and/or contractors furnished by e3 Personnel are and shall at all times remain contracted to e3 Personnel who shall be solely responsible for providing all monetary compensation.

 

All temporary personnel and / or contractors hired by e3 Personnel are assigned to render services to Company.  Company shall have no right to reassign or subcontract any temporary personnel and/or contractors to any other person or entity (including its affiliates and associates) without the express prior written consent of an authorized representative of e3 Personnel.

 

e3 Personnel’s personnel and / or contractors are not authorized to supply any personal items – (software, hardware or other office or personal related equipment) to an assignment.  Temporary personnel and/or contractors are not authorized to remove items or to copy any licensed or unlicensed software onto another computer, drive, disk or other device.

 

Company agrees to pay its pro-rata share of any parking charges, surcharges, or any other cost hereafter levied or assessed by e3 Personnel and its affiliate companies in connection with the use of the parking facilities. The parking rates shall be determined by e3 Personnel and its affiliate companies from time to time in e3 Personnel and its affiliate companies’ sole discretion. The parking rates charged to Company may not be the lowest parking rates charged for the use of the parking facility. 

 

Company warrants that the staffing rates set forth in attached “Appendix A” will be adjusted to reflect an appropriate index to be provided by e3 Personnel and its affiliate companies. Any adjustment will be limited to increases or decreases in the index, but shall not otherwise include any other adjusted amounts for general and administrative costs, overhead, or profit. 

 

e3 Personnel’s personnel/contractors are not authorized to operate any motor vehicle or equipment other than office related equipment.

 

Company acknowledges that e3 Personnel has invested substantial time and expense to advertise for, screen, and test its labor pool, including the temporary personnel and contractors supplied to the Company by e3 Personnel.  Therefore, Company agrees that neither Company nor any of it’s affiliates or associates, shall, during the term of the contracted assignment and for a period of twelve (12) months from the last day of the assignment, hire such temporary / contract personnel, directly or indirectly, either as an employee, vendor or independent contractor.

 

In the event that Company or any of its affiliates or associates hires any temporary personnel/contractor in contravention of this provision, Company shall pay e3 Personnel as liquidated damages, and not as a penalty, an amount equal to 25% of the projected annual salary or earnings (or anticipated earning) as an employee, independent contractor or, vendor to be paid to the temporary personnel/contractor during the first 12 months of his or her engagement.

 

Company acknowledges that e3 Personnel has legally binding contracts with its personnel and / or contractors which prohibits them from working, directly or indirectly, as an employee, independent contractor, or vendor for Company or its related companies other than through e3 Personnel, without first obtaining a prior written release by e3 Personnel.

 

Company is under no obligation to pay a fee for interviewing e3 Personnel personnel/contractor.  However, Company, its affiliates and associates shall be obligated to pay a fee to e3 Personnel for hiring any referral that is made by e3 Personnel through their resume, interview, or temporary assignment.

 

Contractor and Company is aware of the existence of the risk on my physical appearance to the venue and my participation to the activity of the Organization that may cause injury or illness such as, but not limited to Influenza, MRSA, or COVID-19 that may lead to paralysis or death. Accordingly, as a condition of participation, Company hereby releases and promises not to sue E3 Personnel and its affiliate companies (“Releasees”) for any and all claims, demands, causes of action, damage, loss (whether economic or non-economic), expenses, costs, or liability of any nature whatsoever, or for any costs and other expenses, including legal fees, as a result of, or in connection with, any of Company’s staff’s contraction of COVID-19, MRSA, or Influenza, including if that contraction results from the negligence or gross negligence on the part of the Releasees. COMPANY FREELY ACCEPTS AND FULLY ASSUMES ALL SUCH RISKS, DANGERS AND HAZARDS AND THE POSSIBILITY OF PERSONAL INJURY, DEATH, PROPERTY DAMAGE AND LOSS RESULTING THEREIN.

 

Company agrees to defend, indemnify, release, and hold harmless e3 Personnel and its affiliated companies from any claims, damages or penalties, attorney’s fees, or property damage (a) arising out of the use or operation of Company’s owned, non-owned, or leased vehicles, machinery or equipment by e3 Personnel’s personnel and/or its contractors, (b) the use or operation of the e3 Personnel’s employees own vehicle while on assignment to Company; and (c) from any claims by or on behalf of e3 Personnel’s personnel and / or contractors brought by virtue of their contract with e3 Personnel.  

 

It is the intent of e3 Personnel and Company that Company’s obligation to defend indemnify, release and hold harmless e3 Personnel extends to e3 Personnel’s own negligence.

 

This Agreement shall be governed and construed in accordance with the laws of the Commonwealth of Pennsylvania, without regard to its choice of law principles. Any and all disputes and/or controversies arising under or in connection with this Agreement shall be settled by binding arbitration, conducted before one (1) arbitrator sitting in a location within the Commonwealth of Pennsylvania, in accordance with the commercial rules of the American Arbitration Association then in effect.  Judgment may be entered on the award of the arbitrator in any court having jurisdiction.  Each party shall bear its own fees and expenses (including all legal fees and related expenses) associated with such arbitration.  Any determination by such arbitrator shall be consistent with the provisions of this Agreement as set forth herein. Notwithstanding anything to the contrary contained herein, Company hereby waives, to the maximum extent allowed by law, any right it may have to claim or recover in any legal action or proceeding arising under this Agreement any special, exemplary, punitive or consequential damages.

 

Force majeure events: e3 Personnel shall not be liable for failing to perform or delay of performance, if delay is caused by circumstances or events outside its reasonable control, which shall include but not be limited to industrial action, acts of God, terrorism, civil commotion, riots, strikes, flood, earthquake, fire, plagues, contamination, failure of public and/or private infrastructure, or other disasters.

 

Payment:  (a) A non-refundable deposit of 1/3 of the total staffing estimate for the Event shall paid to e3 Personnel 15 days prior to the Event start, unless other payment arrangements have been made in writing.  Event staffing will begin once e3 Personnel receives Company’s deposit.  (b) Company shall pay e3 Personnel for all staffing services at the rates set forth in attached “Appendix A”. Company shall make payment to e3 Personnel within 30 days after Company’s receipt of e3 Personnel’s invoice that details the days and hours worked by the e3 Personnel staff during the Event, which invoice shall reflect any deposit paid by Company to e3 Personnel pursuant to subsection (a) above.

 

Cancellation fees:  If Company cancels this Agreement less than 60 days prior to the Event start date, Company shall pay e3 Personnel either 50% of the total cost of this Agreement or the amount of the deposit paid by Company to e3 Personnel, whichever amount is greater.  Company no- shows shall be billed without exception and/or deductions.

 

Credit Cards and Related Provisions:  Unless other arrangements are made, invoice balances older than 45 days shall be billed to the Company’s credit card, if said card is made available.  Delinquent balances, those charges not paid within 45 days of the invoice date, shall be subject to late fee charges of 5% per month of the outstanding balance, plus all costs incurred by e3 Personnel in enforcing the provisions of this Agreement, including collection agency and attorney fees.  Bounced check fees shall be charged to Company for all checks returned for insufficient funds.

 

The individual signing this Agreement hereby represents and warrants that he or she is an authorized representative of Company with appropriate authority to enter into this Agreement on behalf of Company. card is made available.  Delinquent balances, those charges not paid within 45 days of the invoice date, shall be subject to late fee charges of 5% per month of the outstanding balance, plus all costs incurred by e3 Personnel in enforcing the provisions of this Agreement, including collection agency and attorney fees.  Bounced check fees shall be charged to Company for all checks returned for insufficient funds.   

 

The individual signing this Agreement hereby represents and warrants that he or she is an authorized representative of Company with appropriate authority to enter into this Agreement on behalf of Company.

 

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