Employment Agreement of Beautician at Long Term Care Facility
Employment Agreement between ___________________ (Name of Employee)
of ____________________________________________________________________
______________ (street address, city, county, state, zip code) , referred to herein as
Employee , and ________________________ (Name of Employer) , 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 Employer.
Whereas, Employer is engaged in the business of operating a long term care
facility (the Facility ) at the address set forth above; and
Whereas, Employer is in need of a licensed beautician to perform haircuts,
permanents, and wash & sets for elderly residents of the Facility; and
Whereas, Employee is a licensed beautician has been engaged and has had a
great deal of experience as a beautician.
Whereas, Employee is willing to be employed by Employer , and Employer is
willing to employ Employee , on the terms, covenants, and conditions set forth in this
Agreement .
In consideration of the matters described above, and of the mutual benefits and
obligations set forth in this Agreement , the parties agree as follows:
1. Employment
A. Employer employs, engages, and hires Employee as a beautician to
perform haircuts, permanents, and wash & sets for elderly residents of the
Facility and Employee accepts and agrees to such hiring, engagement, and
employment, subject to the general supervision and pursuant to the orders,
advice, and direction of Employer .
B. Employee shall perform such other duties as are customarily performed by
one holding such position in other, same, or similar businesses or enterprises as
that engaged in by Employer , and shall also additionally render such other and
unrelated services and duties as may be assigned to her from time to time by
Employer .
2. Best Efforts of Employee
Employee 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.
3. Term of Employment
The term of this Agreement shall be a period of _____ years, commencing on
_________________ (date) , and terminating on _______________ (date) , subject,
however, to prior termination as provided in this Agreement . At the expiration date of
__________________ (date) , this Agreement shall be considered renewed for regular
periods of one year, provided neither party submits a notice of termination.
4. Compensation of Employee
Employer shall pay Employee , and Employee shall accept from Employer , in full
payment for Employee 's services under this Agreement , compensation at the rate of
$____________ per year, payable twice a month on the 15 th
and 30 th
of each month
while this Agreement shall be in force.
5. Termination due to Discontinuance of Business
In spite of anything contained in this Agreement to the contrary, if Employer shall
discontinue operating its business at ________________________________________
_______________________________ (address of business) , then this Agreement
shall terminate as of the last day of the month in which Employer ceases operations at
such location with the same force and effect as if such last day of the month were
originally set as the termination date of this Agreement .
6. Other Employment
Employee 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 Employee .
7. Recommendations for Improving Operations
Employee shall make available to Employer all information of which Employee
shall have any knowledge and shall make all suggestions and recommendations that
will be of mutual benefit to Employer and Employee .
8. Trade Secrets
Employee 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 residents, the charges it
makes or receives for any of its services, or any other information concerning the
business of Employer , its manner of operation, its plans, processes, or other data
without regard to whether all of the above-stated matters will be deemed confidential,
material, or important, Employer and Employee 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 the above Section 8 of this Agreement shall remain in full force
and effect for the period of _______ (number) years after the termination of Employee 's
employment for any reason, and during such _______ (number) -year period,
Employee shall not make or permit the making of any public announcement or
statement of any kind that she was formerly employed by or connected with Employer .
10. Employee’s Inability to Contract for Employer
In spite of anything contained in this Agreement to the contrary, Employee shall
not have the right to make any contracts or commitments for or on behalf of Employer
without first obtaining the express written consent of Employer .
11. Termination
A. This Agreement may be terminated with or without cause by either party
on ______ (number) days' written notice to the other. If Employer shall so
terminate this Agreement , Employee shall be entitled to compensation for
_______ (number) days.
B. In the event of any violation by Employee of any of the terms of this
Agreement , Employer may terminate employment without notice and with
compensation to Employee 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 .
12. Termination for Disability
A. In spite of anything in this Agreement to the contrary, Employer has the
option to terminate this Agreement if Employee shall, during the term of this
Agreement , become permanently disabled as the term permanently disabled is
fixed and defined in this Section. Such option shall be exercised by Employer
giving notice to Employee by registered mail, addressed to her in care of
Employer at the above address of Employer or at such other address as
Employee shall designate in writing of Employer 's intention to terminate this
Agreement on the last day of the month during which such notice is mailed. On
the giving of such notice, this Agreement shall cease on the last day of the month
in which the notice is so mailed, with the same force and effect as if such last day
of the month were the date originally set forth in this Agreement as the
termination date of this Agreement .
B. For the purposes of this Agreement , Employee shall be deemed to have
become permanently disabled, if, during any year of the term of this Agreement ,
because of ill health, physical or mental disability or for other causes beyond
Employee 's control she shall have been continuously unable or unwilling or shall
have failed to perform his duties under this Agreement for _____ (number)
consecutive days, or if, during any year of the term of this Agreement , Employee
shall have been unable or unwilling or shall have failed to perform her duties for a
total period of ______ (number) days, irrespective of whether or not such days
are consecutive. For the purposes of this Agreement , the term any year of the
term of this Agreement is defined to mean any 12-calendar-months period
commencing on ________________ (date) , and terminating on _____________
(date) , during the term of 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. 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.
In this contract, 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 Employer)
________________________ By:_________________________
(P rinted name) _________________________
________________________ (P rinted name & Office in Corporation)
(Signature of Employee) _________________________
(Signature of Officer)