Fill and Sign the Employment of Sales Representative Form

Employment of Sales Representative Employment agreement made ______________ (date) , between _________ ______________________ (Name of Employer) , a corporation organized and existing under the laws of the state of ______________, with its principal office located at ______________________________________________________ (street address, city, state, zip code) , referred to herein as Company, and ____________________ (Name of Employee) , of _________________________________________________ (street address, city, state, zip code) , referred to herein as Sales Representative . Whereas, Company is engaged in the business of operating a Photographic Studio and conducting retails sales of photographic products and services , and maintains an office at ___________________________________________________ (street address, city, state, zip code) ; and Whereas, Sales Representative has been engaged and has had a great deal of sales experience in the above-designated business; and Whereas, Sales Representative is willing to be employed by Company, and Company is willing to employ Sales Representative, 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. Employment of Sales Representative By this Agreement, Company employs Sales Representative to represent it and to sell its products and services in the County of _______________ (Name of County) , and such other counties on which both parties may agree. 2. Sales Representative’s Best Efforts Sales Representative duties shall include, but not be limited to: meeting with clients of the Company; selling photography services; selling recognition, motivational and ad specialty items to clients; and obtaining new clients for the products and services listed. Sales Representative shall devote his entire time and best efforts to the aforesaid duties and selling the products and services of Company in the territory as described in Section 1 . Sales Representative agrees not to engage in any other business directly or indirectly or to sell or cause to be sold such products and services in any territory except as agreed upon by Company and Sales Representative. 3. Covering Territories Sales Representative shall travel in and cover the territories assigned to him in accordance with the instructions of the President of the Company. 4. Sales Subject to Acceptance All Sales made by Sales Representative shall be made subject to acceptance by Company at its home office at _____________________________________________ (street address, city, state, zip code) ; and all contracts for the Sales of Company's products and services shall be executed by a duly authorized officer of Company. 5. Price Changes Company reserves the right at any time to fix or change list prices and terms of sale on any and all services and products. 6. Time of Payment of Compensation – Semi-Monthly Sales Representative shall receive as his compensation under this Agreement a salary of $_____________ per month, payable in two installments, $_____________ on the _____ day and $____________ on the _____ day of each calendar month after services have been rendered. If either of these days in the month falls on a nonworking day, Sales Representative's compensation will be paid on the last working day prior to the above dates. OR 6. Time of Payment of Compensation – Monthly In consideration of the services to be rendered by Sales Representative under the provisions of this Agreement, Company agrees to pay Sales Representative $_____________ annually, payable in 12 equal monthly installments on the ____ day of each month beginning ________________ (date) . 7. Cash Collected by Sales Representative A. Cash collected by Sales Representative from customers for cash sales or for any other collection authorized by Company shall be immediately remitted to Company by Sales Representative. B. All checks made payable to Company shall be forwarded directly to Company, and if a check for an amount owing to Company shall be made to the order of Sales Representative, he shall endorse it to the order of Company and send it to Company at once. 8. Termination -- By Company at Will Company shall continue to employ Sales Representative for such a time as Company is in need of, or desirous of, the services of Sales Representative. It is agreed between Company and Sales Representative that the duration of employment is unspecified and solely rests in the discretion of Company. 9. Expenses Sales Representative shall be entitled to reimbursement for such expenses as shall be determined by the President of the Company in accordance with the established custom of Company. 10. Auto Insurance Sales Representative, before engaging in his duties under this Agreement, shall first cause to be issued to him liability insurance on his automobile that will afford absolute protection for Company against any loss or damage to life or property, that may be caused by any automobile accident in which Sales Representative is involved, such indemnity policy to insure Company for such time or times as Sales Representative's automobile may be used on the business of Company. 11. Vacation A. Sales Representative shall be entitled to five ( 5) work days of vacation annually after twelve months of employment with the Company, and ten (10) work days annually after 36 months of employment with the Company. B. The time of any vacation taken by Sales Representative must be approved in advance by Company through its duly authorized officer. 12. Return of Equipment on Termination On termination of this Agreement by either party, all sales manuals, price lists, customer account lists, and copies of invoices and mailing lists shall be promptly returned to Company by Sales Representative. 13. Company’s Customers At no time for a period of ______ (number) years immediately following the termination of Sales Representative's employment, regardless of who initiated such termination, will Sales Representative for himself or on behalf of any other person, firm, partnership, corporation, or other entity, call upon any customer of Company for the purpose of soliciting, selling, or both, to any customer any product or service similar to products and services of the Company. 14. 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. 15. 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. 16. Governing Law This Agreement shall be governed by, construed, and enforced in accordance with the laws of the State of _______________. 17. Notices Unless provided herein to the contrary, 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. 18. 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. 19. 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. 20. 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. 21. Compliance with Laws In performing under this Agreement, all applicable governmental laws, regulations, orders, and other rules of duly-constituted authority will be followed and complied with in all respects by both parties. 22. 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 Company) _____________________________ By: ___________________________ (P rinted Name of Sales Representative) _________________________ ___________________________ (P rinted Name & Office in Corporation) (Signature of Sales Representative ) __________________________ (Signature of Officer)