Guarantor Employment Agreement

Guarantor Employment Agreement

Parties and Recitals

This Guarantor Employment Agreement (the Agreement) is entered into by and between Employer: with principal address and Guarantor: .

Recitals: Employer has offered employment to Employee: , and Employer requires a guarantor to secure certain obligations of Employee set forth herein. Guarantor agrees to guarantee such obligations on the terms and conditions contained in this Agreement.

Definitions

For purposes of this Agreement: (a) "Obligations" means all present and future liabilities of Employee to Employer arising out of employment, including but not limited to repayment of training costs, relocation expenses, unearned signing bonuses, equipment or property loss, confidentiality breaches resulting in quantifiable losses, and any other amounts specified in writing and agreed to by the parties; (b) "Guaranty" means the Guarantor's obligations set forth in this Agreement.

Guarantor Information (Personal Information)

Position and Employment Details (Employee)

Employment History (at least two employers)

Education

References (Professional)

Authorization and Disclosures

Guarantor hereby authorizes Employer and its agents to obtain and review information concerning Guarantor's credit, employment history, criminal background, and other verifications reasonably related to the evaluation and enforcement of this Guaranty. Guarantor further authorizes prior employers and references listed herein to provide such information to Employer.

Legal Terms — Guarantee Obligations

1. Guaranty. Guarantor unconditionally and irrevocably guarantees to Employer the prompt payment and performance of all Obligations of Employee as described in this Agreement. The Guaranty is a continuing, absolute, and unconditional guaranty of payment and performance and shall remain in full force until all Obligations have been satisfied in full or otherwise discharged in writing by Employer.

2. Scope. Guarantor's obligations include, without limitation, repayment of training and relocation costs if employment terminates within the period specified on an attached schedule or written agreement, reimbursement for Employer property loss or damage caused by Employee, and liquidated damages expressly set forth in a separate written agreement executed by Employee and Employer and incorporated herein by reference.

3. Waiver of Defenses. Guarantor waives presentment, demand for payment, notice of nonpayment, protest, and all other notices and defenses which might otherwise be available to Guarantor. Guarantor agrees that Employer may, in its discretion, modify, renew, extend or compromise the Obligations without notice to or consent from Guarantor and that such action will not release Guarantor from liability hereunder.

4. Remedies and Costs. Upon default by Employee, Employer may proceed directly against Guarantor to enforce payment of Obligations. Guarantor shall pay all costs of collection, including reasonable attorneys' fees and court costs, incurred by Employer in enforcing this Agreement.

5. Subrogation. Guarantor shall have no right of subrogation, reimbursement, or indemnity from Employee until all Obligations secured by this Guaranty have been indefeasibly paid in full and all remedies exercised by Employer are terminated in writing.

6. Limitation of Liability. Notwithstanding any limitation, Guarantor acknowledges that Employer's measurement of damages may include liquidated amounts as set forth in separate agreements; such measures are reasonable estimates of anticipated damages and not penalties.

7. Governing Law; Venue. This Agreement shall be governed by and construed in accordance with the laws of the jurisdiction specified by Employer without regard to conflict of laws principles. Venue for any action shall lie in the state or federal courts located in such jurisdiction.

8. Severability; Integration. If any provision of this Agreement is held invalid, the remainder shall continue in full force. This Agreement constitutes the entire agreement among the parties with respect to the Guaranty and supersedes all prior writings or negotiations related to the subject matter herein.

9. Amendment. This Agreement may be amended only by a written instrument signed by Employer and Guarantor.

Legal Disclosures — Employment Policies

At-Will Employment: Employee's employment status, unless otherwise set forth in a separate written employment agreement signed by Employer and Employee, is at-will and may be terminated by Employer or Employee at any time, with or without cause and with or without notice.

Equal Opportunity: Employer is an equal opportunity employer and does not unlawfully discriminate on the basis of protected characteristics. All employment decisions are made based on job-related qualifications.

Guarantor Certification and Authorizations

I certify that all information provided in this Agreement and the attached forms is true, correct and complete to the best of my knowledge. I understand that willful misrepresentation or omission of material facts is grounds for immediate legal action. I authorize Employer to verify any information contained herein and to obtain consumer credit reports and background information as necessary to evaluate and enforce this Guaranty.

Additional Provisions

Notices shall be given in writing and delivered to the addresses set forth above. Any delay or omission by Employer to exercise any right shall not constitute a waiver of such right. Headings are for convenience only and do not affect interpretation.

Acknowledgment

Guarantor acknowledges receipt of a copy of this Agreement and affirms that Guarantor has had an opportunity to obtain independent legal advice prior to executing this Agreement or has voluntarily chosen not to seek such advice.

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