Can this be signed electronically?

Yes. Electronic signatures are legally effective under the ESIGN Act (15 U.S.C. §7001) and state UETA laws provided intent, consent, attribution, and record retention are satisfied.

Is notarization required for validity?

Usually no for ordinary placement agreements, but some states or specific clauses may require notarization or witnesses; verify the governing state's rules where execution or enforcement is expected.

What happens if names or entities mismatch?

Mismatched party names create enforceability and collection issues. Correct errors before signing or add a clarifying amendment executed by both parties.

Can the agreement be revoked or amended?

Yes. Revocation or amendment should follow the agreement's modification clause and be documented in writing and signed by all parties to avoid disputes.

How should I store signed copies?

Store tamper-evident, timestamped copies with audit trails and backups. Maintain access logs and encrypted storage consistent with your retention policy.

What if a dispute arises over fees?

Refer to the dispute resolution clause. Preserve all communication, the audit trail, and any introduction evidence; litigation or arbitration outcomes depend on clause specificity and jurisdictional law.

Electronic Signature
Templates
HR
Employment Pursuit Agreement

Employment Pursuit Agreement

This template is fully customizable. Edit the text, fill out the fields, and send it for signature. Give it a try!

EMPLOYMENT PURSUIT AGREEMENT

This Employment Pursuit Agreement (the Agreement) is entered into by and between the parties identified below for the purpose of defining the mutual obligations relating to the candidate's active pursuit of employment with the prospective employer and the employer's consideration of the candidate for employment. Effective Date:

Parties

Employer Name Employer Address Candidate Name Candidate Address

Personal and Contact Information

Phone Email

Position and Pursuit Terms

Position Title: Department:

Reporting Manager: Proposed Start Date:

Proposed Compensation Summary (non-binding)

Pursuit Period Start: Pursuit Period End:

Exclusive Consideration: During the Pursuit Period the candidate agrees to prioritize active consideration of the position described above and to notify the employer of competing offers. This exclusivity is limited to the Pursuit Period and does not create an employment relationship by itself.

Candidate Obligations

The candidate represents, warrants and agrees that all information provided to the employer is true and complete. Candidate will:

Employer Obligations

The employer agrees to promptly review the candidate's credentials, to communicate major recruitment developments in a timely manner, and to proceed with interviews and any offer process in good faith. Employer will not distribute candidate's confidential materials without consent.

Employment History (Provide at least 2 employers)

Employer 1 - Company Employer 1 - Title and Dates Employer 1 - Responsibilities Employer 1 - Reason for Leaving Employer 2 - Company Employer 2 - Title and Dates Employer 2 - Responsibilities Employer 2 - Reason for Leaving

Education

Highest Degree Institution Graduation Date

Professional References (3)

Reference 1 Reference 2 Reference 3

Background Checks and Authorization

The candidate authorizes the employer to verify all information provided, to contact references and prior employers, and to conduct background, education and credential verifications as permitted by applicable law. Candidate authorizes disclosure of relevant employment information by prior employers.

Authorization: Candidate authorizes background checks and prior employer contact.

Confidentiality and Non-Disclosure

All confidential information, including compensation details, interview materials, proprietary assessments and trade secrets shared during the Pursuit Period shall remain the exclusive property of the disclosing party. Candidate agrees not to disclose employer confidential information to third parties and to return or destroy confidential materials upon request.

Additional Confidentiality Terms

At-Will Employment and Equal Opportunity

Nothing in this Agreement constitutes a promise of employment. Any offer of employment made by the employer will specify terms and conditions of employment. Unless otherwise expressly stated in a separate written employment contract signed by both parties, employment, if offered, will be at-will and may be terminated by either party at any time for any lawful reason.

The employer is an equal opportunity employer. Decisions regarding recruitment, hiring, promotion, compensation and other terms and conditions of employment will be made without unlawful discrimination.

Representations, Warranties and Indemnity

Each party represents that it has full power and authority to enter into this Agreement. Candidate warrants that no contract, restrictive covenant or other obligation with a third party will be violated by entering into the Pursuit Period. Candidate agrees to indemnify and hold harmless the employer from claims arising from any untrue representation or breach of these warranties.

Limitations; Governing Law; Notices

Except for willful misconduct or gross negligence, neither party shall be liable to the other for incidental or consequential damages arising from the Pursuit Period. This Agreement is governed by the laws of the state identified in the Notices section. Notices under this Agreement shall be in writing and delivered to the addresses set forth above.

Governing State Notice Address for Employer Notice Address for Candidate

Termination

This Agreement terminates at the end of the Pursuit Period or upon mutual written agreement. Either party may terminate the Pursuit Period for convenience upon written notice to the other party. Termination does not relieve the parties of accrued obligations, confidentiality obligations, indemnities or any provision that by its nature survives termination.

Applicant Certification and Authorizations

I certify that all information provided in connection with this Agreement and the Pursuit Period is accurate and complete to the best of my knowledge. I understand that knowingly providing false information may disqualify me from consideration and may be grounds for rescission of any offer.

Certification: I certify that all information provided is true and complete and I authorize the employer and its agents to verify any information contained herein.

Applicant Additional Statements

Miscellaneous

Entire Agreement: This Agreement contains the entire understanding of the parties regarding the Pursuit Period and supersedes all prior discussions. Amendments must be in writing and signed by both parties. If any provision is found unenforceable, the remaining provisions remain effective.

Additional Terms

Employer Printed Name:

By:

Date:

Candidate Printed Name:

By:

Date:

What the Employment Pursuit Agreement Is and When it Applies

An Employment Pursuit Agreement is a written contract that records the parties' understanding during active hiring or placement discussions. It typically names the prospective employer, the candidate or recruiter, the scope of the opportunity, any exclusivity or non-solicitation terms, compensation or placement fee arrangements, confidentiality obligations, and the agreement term. The document clarifies responsibilities and reduces ambiguity about recruiting fees, candidate representation, and post-hire obligations. It is often executed before interviews advance or before a recruiter introduces a candidate to a hiring manager.

Why use an Employment Pursuit Agreement

The agreement sets clear expectations, protects fee and confidentiality interests, and reduces disputes by documenting representation, exclusivity, and payment timing. When signed electronically according to ESIGN (15 U.S.C. §7001) or state UETA rules, it is admissible and enforceable.

Who commonly prepares and signs this agreement

Use this agreement when a formal relationship and potential fee or exclusivity obligations should be documented in writing before substantive hiring activity begins.

Third-party recruiting agencies representing candidates and seeking placement-fee protection for introductions and negotiations.
In-house talent acquisition and hiring managers documenting candidate status and internal approval to consider a referred candidate.
Independent contractors or consultants being considered for employment who need confidentiality and exclusivity terms recorded.

Who signs on behalf of each party

Agency Recruiter

An authorized representative of the recruiting firm who can bind the agency to placement-fee terms and confidentiality obligations; include title and contact details and retain delegation documentation for audit purposes.

TA Director

Talent acquisition or hiring manager with authority to accept candidate introductions and agree to fee terms on behalf of the employer; their signature should be within delegated approval limits.

Essential security and legal features to include

ESIGN / UETA: Electronic signature validity

Audit Trail: Timestamp and signer IP data

Encryption: AES-256 at rest

HIPAA BAA: When PHI is involved

Retention Policy: Document lifecycle rules

Access Controls: Role-based signer permissions

Potential legal and financial risks

Breach Damages: Monetary loss exposure

Fee Disputes: Lost recruiter compensation

Unenforceability: Improper execution risks

Regulatory Exposure: HIPAA or labor violations

Tax Consequences: Backup withholding triggers

I-9 Timing: Employment verification penalties

Common mistakes to avoid when preparing the agreement

Using vague fee language that fails to define the triggering event or payment timeline, creating grounds for dispute.
Mismatched names or corporate entity errors between the agreement and invoicing documents, which can invalidate recovery attempts.
Failing to specify the governing law and dispute resolution forum, leaving parties uncertain about applicable procedural rules.
Not capturing clear signer authority or having signers who lack delegated signing power for the employer or agency.

Step-by-step: completing the Employment Pursuit Agreement

Follow these sequential steps to complete and execute the agreement accurately.

01

Prepare Parties: Enter full legal names and addresses.
02

Define Scope: Describe the role and candidate representation.
03

Set Fees: Specify fee trigger and payment timing.
04

Sign and Date: Collect authorized signatures and dates.

How routing and signature capture typically work

A clear routing flow reduces signer friction and provides a verifiable audit trail for enforcement.

Upload Document: Sender uploads the agreement file.
Place Fields: Add signature, date, and text fields.
Assign Signers: Enter signer emails and order.
Capture Audit: System records timestamp and metadata.

Core clauses to include in a professional Employment Pursuit Agreement

Ensure the agreement contains clear, enforceable clauses that define representation, payment, confidentiality, and termination conditions.

Parties

Identify the legal entities by full legal name, state of formation, and principal address so obligations can be precisely attributed and notices properly delivered.

Scope

Describe the specific role, industry, or candidate class covered and whether introductions, interviews, or offer stages trigger the agreement's protections.

Consideration

State the placement fee or compensation method, calculation basis, due date, and whether reimbursement includes taxes, benefits, or signing bonuses.

Exclusivity

Define any exclusivity or non-solicitation period including start and end dates, geographic scope, and exceptions for previously known candidates.

Confidentiality

Include nondisclosure obligations for candidate information and hiring decisions, plus permitted disclosures required by law or regulators.

Signatures

Specify authorized signatories, whether electronic signatures are permitted, and any required witness or notary steps for added enforceability.

Configuring a common digital signing workflow

Configure routing, authentication, and notifications to match your approval and legal requirements.

Field	Configuration
Routing Order	Sequential by role \| Send to recruiter, then hiring manager
Authentication	Email link with optional SMS code \| Use stronger KBA if required
Conditional Fields	Show fee details only if candidate accepts offer
Notifications	Reminder emails at 48 hours and seven days

Technical considerations for eSigning and storage

Ensure the platform retains tamper-evident copies, provides export to PDF/A, and offers role-based access controls for audit purposes.

File Formats: PDF and DOCX are supported for legal preservation.
Integrations: Connectors for Google Workspace and NetSuite help automate storage.
Authentication: Options: email link, SMS code, or advanced KBA.

Typical deadlines and timing to include

Set clear timing for response, exclusivity, payment, and recordkeeping to avoid disputed obligations.

Response Window:

Specify how many days the employer has to respond to an introduction.

Exclusivity Term:

Define start and end dates for exclusive representation.

Payment Due Date:

Set the number of days after hire or invoice for fee payment.

Notice of Termination:

State required notice period for early termination.

Record Retention:

Indicate how long copies will be retained for audit purposes.

Pricing and feature snapshot for common eSignature providers

Compare starting prices and basic capabilities; signNow is listed first. Verify current vendor offerings and plan features before purchase.

	signNow	DocuSign	Adobe Sign	PandaDoc	HelloSign
Starting Price	$8/user/mo	$15/user/mo	$14/user/mo	$19/user/mo	$15/user/mo
Free Trial	Yes, 7-day free trial	Varies by vendor	Varies by vendor	Varies by vendor	Varies by vendor
Bulk Send	Yes (Business Premium)	Yes	Yes	Yes	No
Audit Trail	Yes	Yes	Yes	Yes	Yes
HIPAA Compliant	Yes (BAA available)	Yes	Yes	No	No

Frequently asked questions about execution and enforceability

Answers to common legal and practical questions when preparing or relying on an Employment Pursuit Agreement.

Need help? Contact support

Can this be signed electronically?
Yes. Electronic signatures are legally effective under the ESIGN Act (15 U.S.C. §7001) and state UETA laws provided intent, consent, attribution, and record retention are satisfied.
Is notarization required for validity?
Usually no for ordinary placement agreements, but some states or specific clauses may require notarization or witnesses; verify the governing state's rules where execution or enforcement is expected.
What happens if names or entities mismatch?
Mismatched party names create enforceability and collection issues. Correct errors before signing or add a clarifying amendment executed by both parties.
Can the agreement be revoked or amended?
Yes. Revocation or amendment should follow the agreement's modification clause and be documented in writing and signed by all parties to avoid disputes.
How should I store signed copies?
Store tamper-evident, timestamped copies with audit trails and backups. Maintain access logs and encrypted storage consistent with your retention policy.
What if a dispute arises over fees?
Refer to the dispute resolution clause. Preserve all communication, the audit trail, and any introduction evidence; litigation or arbitration outcomes depend on clause specificity and jurisdictional law.

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