Employment Agreement of Belly Dance Instructor with Dance Studio
Agreement made on the _________________ (date) , between
___________________ (Name of Dance Instructor) of _________________________
______________________________________ (street address, city, state, zip code) ,
referred to herein as Instructor , and ______________________ (Name of Employer) ,
d/b/ a ____________________________ (name of dance studio) located at _________
________________________________________________________ (street address,
city, state, zip code) , referred to herein as Employer .
Whereas, Employer is engaged in the business of teaching and performing Belly
Dance, and maintains a dance studio at ______________________________________
_____________________________ (street address, city, state, zip code) ; and
Whereas, Instructor has been engaged and has had a great deal of experience in
the art of Belly Dance; and
Whereas, Instructor is willing to be employed by Employer , and Employer is
willing to employ Instructor , on the terms, covenants, and conditions set forth in this
Agreement;
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. Employer hires Instructor, and Instructor agrees to work for Employer under the
terms and conditions hereby agreed upon by the parties:
2. Scope of Services.
Instructor shall work at Employer’s Dance Studio located at _________________
______________________________________ (street address, city, state, zip code) ,
subject to the general supervision and pursuant to the orders, advice, and direction of
Employer . Instructor’s primary duties shall be to design Belly Dance and fitness
programs related to Belly Dance for clients and personally instruct both adult and minor
clients of Employer in the art of Belly Dancing.
3. Best Efforts of Instructor
Instructor agrees that she will at all times faithfully, industriously, and to the best
of her ability, experience, and talents, perform all of the duties that may be required of
and from her pursuant to the express and implicit terms of this Agreement, to the
reasonable satisfaction of Employer . Such duties shall be rendered at ______________
________________________________________________ (address of employment) ,
and at such other place or places as Employer shall in good faith require or as the
interest, needs, business, or opportunity of Employer shall require.
4. Term of Employment
The term of this Agreement shall be a period of one year commencing on
_____________________ (date) and terminating on ____________________ ( date) ,
subject, however, to prior termination as provided in this Agreement. At the expiration
date of ___________________ (expiration date) , this Agreement shall be considered
renewed for regular periods of one year, provided neither party submits a notice of
termination. Notwithstanding the foregoing, either party may terminate this Agreement by
giving two weeks written notice the other party.
5. Compensation of Instructor
Employer shall pay Instructor , and Instructor shall accept from Employer , in full
payment for Instructor 's services under this Agreement, compensation at the rate of $
_________ per hour, payable twice a month on the ______________ (ordinal number)
and ______________ (ordinal number) days of each month while this Agreement shall
be in force.
6. Other Employment
Instructor shall devote all of her time, attention, knowledge, and skills solely to
the business and interest of Employer , and Employer shall be entitled to all of the
benefits, profits, or other issues arising from or incident to all work, services, and advice
of Instructor. Instructor w ill not teach or perform choreographies without Employer’s
written permission.
7. Covenant Not to Compete
During the period Instructor is under Agreement with Employer, and for a period
of ____ years after termination of said Agreement, Instructor will not directly or
indirectly:
A. Recruit, solicit, induce, or attempt to induce any of the Instructor s or
customers of the Employer to terminate their employment or contractual
relationship with Employer.
B. Solicit, divert, take away, or attempt to divert or take away, from the
Employer any of her business or the patronage of her customers, clients,
accounts, vendors or suppliers for products, sold by Employer, and Instructor
shall not assist any other person to do so.
C. If any restriction set forth in this Section 7 is found by any court of
competent jurisdiction to be unenforceable because it extends for too long a
period of time or over too great a range of activities or in too broad a geographic
area, it shall be interpreted to extend only over the maximum period of time,
range of activities or geographic area as to which it may be enforceable.
D. The restrictions contained in this Section 7 are necessary for the
protection of the business and goodwill of the Employer and are considered by
Instructor to be reasonable for such purpose. Instructor agrees that any breach of
this Section 7 will cause the Employer substantial and irrevocable damage and
therefore, in the event of any such breach, in addition to such other remedies
which may be available, the Employer shall have the right to seek specific
performance and injunctive relief.
8. Trade Secrets
Instructor shall not at any time or in any manner, either directly or indirectly,
divulge, disclose, or communicate to any person, firm, corporation, or other entity in any
manner whatsoever any information concerning any matters affecting or relating to the
business of Employer , including but not limited to any of its customers, the prices it
obtains or has obtained from the sale of, or at which it sells or has sold, services
products, or any other information concerning the business of Employer , her manner of
operation, her plans, processes, or other data without regard to whether all of the above-
stated matters will be deemed confidential, material, or important, Employer and
Instructor stipulating that as between them, such matters are important, material, and
confidential and gravely affect the effective and successful conduct of the business of
Employer , and Employer 's good will, and that any breach of the terms of this section
shall be a material breach of this Agreement.
9. Trade Secrets after Termination of Employment
All of the terms of Section 8 of this Agreement shall remain in full force and effect for the
period of ______ (number) years after the termination of Instructor 's employment for
any reason.
10. Instructor’s Inability to Agreement for Employer
In spite of anything contained in this Agreement to the contrary, Instructor shall
not have the right to make any agreements or commitments for or on behalf of Employer
without first obtaining the express written consent of Employer .
11. Holidays
Instructor shall be entitled to Holidays normally taken by Employer.
12. Termination
A. This Agreement may be terminated by either party on _____ (number)
days' written notice to the other. If Employer shall so terminate this Agreement,
Instructor shall be entitled to compensation for ______ (number) days.
B. In the event of any violation by Instructor of any of the terms of this
Agreement, Employer may terminate employment without notice and with compensation
to Instructor only to the date of such termination.
C. It is further agreed that any breach or evasion of any of the terms of this
Agreement by either party will result in immediate and irreparable injury to the other
party and will authorize recourse to injunction and or specific performance as well as to
all other legal or equitable remedies to which such injured party may be entitled under
this Agreement.
13. 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.
14. Governing Law
This Agreement shall be governed by, construed, and enforced in accordance
with the laws of the State of _______________.
15. 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.
16. 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.
17. 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.
18. 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.
19. 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.
20. In this Agreement, 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 Dance Studio)
________________________ By:______________________________________
(P rinted name) (P rinted name & Signature of Owner)
________________________
(Signature of Dance Instructor)