Bailment Contract between Employer and Employee Regarding Use of Employer’s
Equipment in Order to Work at Home
This Bailment Agreement made on the __________________________________
(date) , between ______________________________________ (name of bailee) of
________________________________________________________________________
________________________________________________________________________
(street address, city, county, state, zip code) , referred to herein as Bailee , and
________________________________________ (name of bailor) , 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 Bailor .
Whereas, Bailor owns the following described property (the Property ), which has
the value and condition stated:
Article Value Condition
___________________________ $__________ ________________________
___________________________ $__________ ________________________
___________________________ $__________ ________________________
Whereas, Bailor is the employer of Bailee and both parties desire that Bailee have
access to the Property for the sole purpose of working on job related matters (sometimes
referred to as business purposes ) at Bailee’s home; and
Whereas, both parties desire to enter into this bailment agreement with respect to
the Property, on the following terms and conditions;
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. Term of Bailment
The term of this Bailment shall commence on the date of this Agreement as stated
above and shall terminate on the date Bailee leaves the employ of Bailor. Bailor may
demand the return of the Property at any time prior to the expiration of this Agreement
on _____days' written notice given to Bailee of Bailor's intention to withdraw the
property, and this Agreement shall terminate when the Property has been redelivered to
Bailor .
2. Delivery and Acceptance
Delivery of the property shall be made to Bailee at _________________________
________________________________________________________________________
______________ (street address, city, county, state, zip code) . Acceptance or retention
by Bailee of the property shall constitute acknowledgment that the Property was received
in the condition described.
3. Conditions of Bailment
Bailee shall keep and maintain the property with proper care so that it shall not be
injured, and assumes liability for damage or loss from all causes except war, confiscation,
order of any government or public authority, or deterioration from natural use. The
parties understand and agree that Bailor has established the value of the property.
4. Redelivery of Bailed Property
On expiration of the term of this bailment, Bailee shall redeliver the Property to
Bailor in a reasonable manner required by Bailor.
5. Failure to Return Property
If Bailee fails to return the Property on the date requested by Bailor pursuant to
this Agreement, Bailee shall be liable to Bailor for the value of the Property as set forth
above, and, to the extent allowed by law, the value of the Property shall be deducted
from any wages not yet paid to Bailee by Bailor.
6. Title to Property
The property is, and will remain, and at all times shall be deemed to be, the sole
and exclusive property of Bailor, and Bailee has no right of ownership in the Property.
The Property shall not be transferred or delivered to any other person or corporation
without prior written consent or instruction of Bailor.
7. Restrictions on Use of Property
The Property will be used exclusively for business purposes. Bailee shall not
download any program, data unrelated to business, music, videos, or tools on the
Property without the written permission of the Bailor.
8. 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.
9. Governing Law
This Agreement shall be governed by, construed, and enforced in accordance with
the laws of the State of ______________________________.
10. 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.
11. 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.
12. 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.
13. 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.
14. 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.
15. 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.
____________________________________
(Name of Bailor)
___________________________________ By: ________________________________
(P rinted name of Bailee) ____________________________________
(P rinted Name & Office in Corporation)
___________________________________ ____________________________________
(Signature of Bailee) (Signature of Officer)