Fill and Sign the Contract Shop Repair Form

Contract for Employment of Shop Manager for Car Repair Service in Automobile Dealership Employment Agreement made on the ___ day of ___________________, 20___, between _______________________________________ (Employee) of _____________ ________________________________________________________________________ ___________________________________ (street address, city, county, state, zip code) , referred to herein as Employee, and __________________________________________ ______________________________ (Dealership), 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 Dealership. 1. Employment and Duties A. Dealership agrees to employ Employee, and Employee agrees to serve and to perform such duties at such times and places and in such manner as Dealership may from time to time direct. B. Employee agrees to faithfully perform the assigned duties to the best of his ability and to devote full and undivided time to the transaction of Dealership’s business. C. Employee agrees to promptly, completely, and accurately report his work and expenses to Dealership and to promptly remit to Dealership all monies of Dealership collected by or coming into the possession of Employee. D. Employee agrees not to engage or be engaged or be interested in any other business during the term of this Employment Agreement. 2. Salary In consideration of Employee's above-stated promises and intentions and as compensation for his work and dedication to the business of Dealership , Dealership agrees to pay Employee compensation at the rate of $__________ per year, payable in equal ________________________________ (e.g., monthly or weekly) installments of $______________, such payments to be due and payable on the _____ day of each month during the term of this Agreement. 3. Term of Agreement This Agreement shall become effective as stated above, and shall be for a period of _____ year(s). At the expiration of such period of time, this Agreement may be extended on a year-to-year basis on the terms and conditions as agreed to by the parties, but in no event shall the terms and conditions be violative of fundamental considerations of good faith and fair dealing. 4. Covenant Not To Compete A. Employee agrees that during the term of this Agreement and for a period of ______ consecutive years immediately following the termination of this Agreement or Employee's employment under and pursuant to this Agreement, whichever occurs later, and regardless of the cause of termination, Employee will not by himself or on behalf of any other person, firm, partnership, corporation, or other entity, engage in the business of auto service and maintenance within _________ miles of the Dealership located at the above address. B. Employee agrees that he will not directly or indirectly, for himself or on behalf of, or in conjunction with any other person, firm, partnership, corporation, or other entity, solicit or attempt to solicit the business or patronage of any person, firm, partnership, corporation, or other entity within such _______ -mile radius for the purpose of selling and/or servicing automobiles or other products similar to those dealt in by Dealership . Employee shall not perform such other incidental business and service as Dealership now engages in, nor will Employee disclose to any person any of the secrets, methods, or systems used by Dealership in and about its business. 5. Renewal of Agreement The parties to this Agreement may extend the provisions and terms of this Agreement on a year-to-year basis provided that any such extension is entered into in writing and duly executed to reflect the Agreement of the parties. 6. 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. 7. Governing Law This Agreement shall be governed by, construed, and enforced in accordance with the laws of the State of ______________________________. 8. 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. 9. 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. 10. Mandatory Arbitration Notwithstanding the foregoing, and anything herein to the contrary, 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. 11. 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. 12. 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. 13. 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. 14. Counterparts This Agreement may be executed in any number of counterparts, each of which shall be deemed to be an original, but all of which together shall constitute but one and the same instrument. WITNESS our signatures as of the day and date first above stated. ____________________________________ DEALERSHIP _______________________________ By_________________________________ EMPLOYEE (Name and Office in Corporation)