Fill and Sign the Agreement Recruit Form

Agreement to Recruit Pharmacists for Hospital Agreement made on the ____________________ (date) , between _______________________________ (Name of Recruiter) of _________________________ _____________________________________ (street address, city, county, state, zip code) , referred to herein as Recruiter , and ______________________________ (Name of Hospital) , a corporation organized and existing under the laws of the state of ________________, with its principal office located at ________________________________________________________ ____________ (street address, city, county, state, zip code) , referred to herein as Hospital . Whereas , Hospital desires the assistance of the Recruiter in searching for, screening, and recruiting licensed pharmacists for placement in the various communities to render medical services at its facility; and Whereas , the Recruiter is willing to render such assistance on the terms and provisions hereinafter set forth. Now, therefore, for and in consideration of the mutual covenants contained in this agreement, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows : 1. Engagement of Recruiter Hospital hereby engages the Recruiter and the Recruiter hereby accepts such engagement for and on behalf of Hospital to search for, screen, and recruit such pharmacists for the Hospital as in the opinion of the Recruiter shall be considered qualified candidates to fill the medical positions specifically described by the Hospital in Placement Orders executed by the Hospital . 2. Amendment or Cancellation of Placement Orders I n the event that the Hospital desires to change the requirements of any pending placement order or the cancel the same, it may doe so, but in any such event, it shall give immediate notice by telephone to the Recruiter , promptly confirmed by letter. 3. Hospital to be Sole Source of Compensation The Recruiter will not either on its own behalf or the Hospital , enter into any agreement with any prospective pharmacist applicant with reference to a Placement Order and will not solicit or accept any compensation or reward from any such prospective pharmacist applicant in connection with its activities hereunder, payments to be made to the Recruiter under Section 5 hereof to constitute its sole compensation. The Recruiter will have no authority to permit any prospective pharmacist applicant to incur any out of pocket cost, nor itself incur any such cost on behalf of the potential pharmacist. 4. Referral of an Applicant and Representation As new job opportunities become available, and upon the discovery by the Recruiter of a potential applicant, who in the opinion of the Recruiter will satisfy the requirements of any pending applicant placement, will submit resumes of qualified applicants to the Hospital and transmit a detailed resume of the history and qualification of such person, a verification of listed specialty training, good standing of State Licenses, and minimum of three (3) professional references. In the instance there are multiple submittals of a candidate; Recruiter shall have representation rights of the candidate from the date his resume submission first arrives to Hospital . This shall be noted by the date and time listed on the email, facsimile, voicemail, or voice message, or other documentation. Hospital shall notify the Recruiter within (Number) workdays of the Recruiter ’s submission of a candidate’s resume in the event the Hospital is already aware the candidate is from another source. A full background check will be the Hospital ’s responsibility. Recruiter shall suggest to the Hospital the arrangement of a personal interview by the applicant at its facilities. Obtaining a signed application by any prospective applicant will be the sole responsibility of the Hospital , either during or after the interview. 5. Placed Candidate A. For purposes of this Agreement, an Identified candidate shall be considered to have become a Placed Candidate if within one (1) year of initial referral or clearance of name. Candidate commences employment with Hospital or third party as a result of Recruiter ’s referral of such candidate to third party, or enters into a Hospital Recruiting Agreement. B. All information submitted is solely for the Hospital companies’ use and benefit. Under no circumstances can the information be disclosed to anyone else. Failure to honor this nondisclosure culture, and in the event any employee of Hospital company refers Hospital elsewhere, resulting in a hire of that candidate, Hospital will assume responsibility for the fee, construed in accordance with the laws of the state of the physical address where the Hospital is located. 6. Placement Fee A . The fee for Recruiter’s services is earned if the Hospital or any of its affiliates as a result of our efforts hires a candidate, directly, or indirectly, within one (1) year of Recruiter’s referral. The fee is also earned in the event the Hospital refers the candidate to another employer who hires the candidate. All candidates being presented will be verified and the Hospital will assume responsibility for all fees if a candidate is employed by CV/Resumes requested. B. The recruitment and placement fees for each placed candidate will be $___________ dollars . Terms are ______% of fee due within thirty (30) business days after pharmacist/candidate signs Hospital’s contract and balance of fee due within thirty (30) days after employee start date. Recruiter will invoice Hospital for amount due. C. The above mentioned arrangement is on a contingency basis in that there is no fee for our services unless you hire the candidate we have located for you. In certain situations, we will work on a retained basis. The specific arrangements would depend on the level and nature of the particular assignment; upon prior written approval by Hospital . 7. Termination of Agreement This Agreement shall continue in effect unless terminated by thirty (30) days written notice of intention to do so. All rights and obligations of both parties hereunder shall terminate except for the rights and obligations under Section 5 hereof which shall continue in force and effect until satisfied in full. 8. Severability The invalidity of any portion of this Agreement will not and shall not be deemed to affect the validity of any other provision. If any provision of this Agreement is held to be invalid, the parties agree that the remaining provisions shall be deemed to be in full force and effect as if they had been executed by both parties subsequent to the expungement of the invalid provision. 9. No Waiver The failure of either party to this Agreement to insist upon the performance of any of the terms and conditions of this Agreement, or the waiver of any breach of any of the terms and conditions of this Agreement, shall not be construed as subsequently waiving any such terms and conditions, but the same shall continue and remain in full force and effect as if no such forbearance or waiver had occurred. 10. Governing Law This Agreement shall be governed by, construed, and enforced in accordance with the laws of the State of ________________. 11. Notices Any notice provided for or concerning this Agreement shall be in writing and shall be deemed sufficiently given when sent by certified or registered mail if sent to the respective address of each party as set forth at the beginning of this Agreement. 12. Attorney’s Fees In the event that any lawsuit is filed in relation to this Agreement, the unsuccessful party in the action shall pay to the successful party, in addition to all the sums that either party may be called on to pay, a reasonable sum for the successful party's attorney fees. 13. Mandatory Arbitration Any dispute under this Agreement shall be required to be resolved by binding arbitration of the parties hereto. If the parties cannot agree on an arbitrator, each party shall select one arbitrator and both arbitrators shall then select a third. The third arbitrator so selected shall arbitrate said dispute. The arbitration shall be governed by the rules of the American Arbitration Association then in force and effect. 14. Entire Agreement This Agreement shall constitute the entire agreement between the parties and any prior understanding or representation of any kind preceding the date of this Agreement shall not be binding upon either party except to the extent incorporated in this Agreement. 15. Modification of Agreement Any modification of this Agreement or additional obligation assumed by either party in connection with this Agreement shall be binding only if placed in writing and signed by each party or an authorized representative of each party. 16. Assignment of Rights The rights of each party under this Agreement are personal to that party and may not be assigned or transferred to any other person, firm, corporation, or other entity without the prior, express, and written consent of the other party. 17. In this contract, any reference to a party includes that party's heirs, executors, administrators, successors and assigns, singular includes plural and masculine includes feminine. WITNESS our signatures as of the day and date first above stated. ___________________________________ (Name of Hospital) ________________________ By:_________________________________ (P rinted name) _________________________ ________________________ (P rinted name & Office in Corporation) (Signature of Recruiter) _________________________ (Signature of Officer)