This agreement is made on [date of agreement] at the City of [name of city], County of [name of county], State of Florida, between [name of employer], employer, and [name of employee], employee.
Recitals
A. Employer is engaged in the [type of business] business and maintains [an office/a warehouse/[place of business]] in the City of [name of city], County of [name of county], State of Florida.
B. Employee is willing to be employed by employer, and employer is willing to employ employee, on the terms, covenants, and conditions set forth in this agreement.
In consideration of the mutual covenants and promises of the parties, employer and employee covenant and agree as follows:
Section I. Nature of and Place of Employment
Employer does hire and employ employee as a [description of position] at [location of employment], and employee does accept and agree to the hiring and employment. Subject to the employer's supervision and pursuant to the orders, advice, and directions of employer, employee shall [description of duties], and shall perform other duties that are customarily performed by one holding this position in other similar businesses or enterprises as the business engaged in by employer, and shall also additionally render other and unrelated services and duties that may be assigned to employee from time to time by employer.
Section II. Manner of Performance of Employee's Duties
Employee agrees to perform, at all times faithfully, industriously, and to the best of employee's ability, experience, and talent, all of the duties that may be required of and from employee pursuant to the express and implicit terms of this agreement, to the reasonable satisfaction of employer. These duties shall be rendered at [location of performance of duties] and at any other place or places that employer shall in good faith require or that the interests, needs, business, and opportunities of employer shall require.
Section III. Duration of Employment
The term of this agreement shall be for a period of [number of years] years, commencing on [date of commencement], and terminating on [date of termination], subject, however, to prior termination as provided below.
Section IV. Payment and Reimbursement
Employer shall pay employee and employee agrees to accept from employer, in full payment for employee's services under this agreement, compensation at the rate of $[dollar amount of sum] per year, payable twice a month on the [ordinal number of day 1] and [ordinal number of day 2] days of each month during which this agreement shall be in force.
In addition, employer agrees that it will reimburse employee for any and all necessary, customary, and usual expenses incurred by employee while traveling for and on behalf of the employer pursuant to employer's directions.
Section V. Option to Terminate Contract for Permanent Disability of Employee
Notwithstanding anything in this agreement to the contrary, employer has the option to terminate this agreement in the event that during its term employee shall become permanently disabled as the term permanently disabled is defined below. This option shall be exercised by employer's giving of notice to employee by registered mail, addressed to employee in care of employer at [address of employer], or at another address that employee shall designate in writing, of its intention to terminate this agreement on the last day of the month during which the notice is mailed, and on the giving of the notice, this agreement and the term of this agreement come to an end on the last day of the month in which the notice is mailed, with the same force and effect as if that day were originally set forth as the termination date. For the purposes of this agreement, employee shall be deemed to have become permanently disabled if, during any year of the term of this agreement, because of ill health, physical or mental disability, or for other causes beyond employee's control, he or she shall have been continuously unable or unwilling or have failed to perform the duties required under this contract for [number of days] consecutive days, or if, during any year of the term of this agreement, employee shall have been unable or unwilling or have failed to perform his or her duties for a total period of [number of days] days, either consecutive or not. For the purposes of this agreement, the term “any year of the term of this agreement” is defined to mean any period of 12 calendar months commencing on the first day of [name of month] and terminating on the [ordinal number of day] day of [name of month] of the following year during the term of this agreement.
Section VI. Discontinuance of Business as Termination of Employment
Notwithstanding anything in this agreement to the contrary, in the event that employer shall discontinue operating its [description of type of business] at [location of operations], then this agreement will terminate as of the last day of the month in which employer ceases operations at [location of operations] with the same force and effect as if that day were originally set forth as the termination date of this agreement.
Section VII. Devotion by Employee of Full Time to Business
Employee shall devote all employee's time, attention, knowledge, and skill solely and exclusively to the business and interest of employer, and employer shall be entitled to all of the benefits, emoluments, profits, or other issues arising from or incident to any and all work, services, and advice of employee, and employee expressly agrees that during the term of this agreement he or she will not be interested, directly or indirectly, in any form, fashion, or manner, as partner, officer, director, stockholder, advisor, employee, or in any other form or capacity, in any other business similar to employer's business or any allied trade; provided, however, that nothing shall be deemed to prevent or limit the right of employee to invest any of employee's funds in the capital stock or other securities of any corporation whose stock or securities are publicly owned or are regularly traded on any public exchange, nor shall anything be deemed to prevent employee from investing or limit employee's right to invest employee's funds in real estate.
Section VIII. Nondisclosure of Information Concerning Business
Employee further specifically agrees that he or she will not at any time, in any manner, either directly or indirectly, communicate to any person, firm, or corporation any information of any kind concerning any matters affecting or relating to the business of employer, including, without limiting the generality of the foregoing, the names of any of its customers, the prices it obtains or has obtained or at which it sells or has sold its products, or any other information of, about, or concerning the business of employer, its manner of operation, its plans, processes, or other data of any kind, nature, or description without regard to whether any or all of the foregoing matters would be deemed confidential, material, or important, the parties stipulating that as between them, the matters are important, material, and confidential and gravely affect the effective and successful conduct of the business of the employer, and its goodwill, and that any breach of the terms of this paragraph is a material breach of this agreement.
Section IX. Commitments Binding on Employer Only on Written Consent
Anything contained in this agreement to the contrary notwithstanding, it is understood and agreed that employee shall not have the right to make any contracts or commitments for or on behalf of employer without the written consent of employer.
Section X. Contract Terms to Be Exclusive
This written agreement contains the sole and entire agreement between the parties and shall supersede any and all other agreements between the parties. The parties acknowledge and agree that neither of them has made any representation with respect to the subject matter of this agreement or any representations inducing its execution and delivery except such representations as are specifically set forth in this writing and the parties acknowledge that they have relied on their own judgment in entering into the same. The parties further acknowledge that any statements or representations that may have been made by either of them to the other are void and of no effect and that neither of them has relied on such statements or representations in connection with its dealings with the other.
Section XI. Waiver or Modification Ineffective Unless in Writing
It is agreed that no waiver or modification of this agreement or of any covenant, condition, or limitation contained in it shall be valid unless it is in writing and duly executed by the party to be charged with it, and that no evidence of any waiver or modification shall be offered or received in evidence in any proceeding, arbitration, or litigation between the parties arising out of or affecting this agreement, or the rights or obligations of any party under it, unless such waiver or modification is in writing, duly executed as above. The parties agree that the provisions of this paragraph may not be waived except by a duly executed writing.
Section XII. Contract Governed by Law of State of Florida
The parties agree that it is their intention and covenant that this agreement and performance under it and all suits and special proceedings relating to it be construed in accordance with and under and pursuant to the laws of the State of Florida and that in any action, special proceeding, or other proceeding that may be brought arising out of, in connection with, or by reason of this agreement, the laws of the State of Florida shall be applicable and shall govern to the exclusion of the law of any other forum, without regard to the jurisdiction in which any action or special proceeding may be instituted.
Section XIII. Survivorship of Benefits
This agreement shall be binding on and inure to the benefit of the respective parties and their executors, administrators, heirs, personal representatives, successors and assigns.
Dated: [date of execution]
[Name of employer]
By:
[Name of authorized representative]
[Title of authorized representative]
Dated: [date of execution]
[Name of employee]