Fill and Sign the Model Statement of Terms and Conditions of Employment for a Form

Employment Agreement with a General Manager of a Retail Grocery Co-operative Employment Agreement made on the _____ day of ______________, 20_____, between __________________________ (Name of Employee) of _________________ ________________________________________________________ (street address, city, county, state, zip code), referred to herein as Manager, and _________________ __________________ (Name of Employer) , a cooperative 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.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 Manager Employer hereby employs Manager, and Manager enters into the employment of Employer as of __________________ (commencement date), as manager of the business conducted by Employer at the store known as ________________________ (name of store) which is located at _________________________________________ ___________________________ (street address, city, county, state, zip code) . 2. Compensation Employer shall pay Manager and Manager shall accept from Employer as full compensation for all services to be rendered by Manager $___________ per month on the ______ day of each month that Manager is in the employ of Employer. 3. Price and Inventory Control A. Manager shall have charge of the above-indicated store, stock, and fixtures located and contained in such store and shall supervise the sale of merchandise at prices fixed by Employer .B.Sales shall be made for cash or credit, and on making such sales, whether for cash or credit, Manager shall make a complete and accurate record of each sale on the forms supplied to him from time to time by Employer. 4.Manager’s Duty to Keep Accounts A. Manager shall daily report to Employer at its home office on the forms supplied Manager by Employer all cash sales, credit sales, exchanges, returns, checks, and money orders received, cash received, cash disbursed, and such other matters as Employer may from time to time direct or request.B. All reports to be sent to Employer under the provisions of this section must be personally checked and signed by Manager.C. All cash, checks, and money orders received in the store shall be deposited daily in the depository designated by Employer to the account of Employer , and a duplicate of such deposit slip shall be sent to the home office of Employer with Manager’s daily report. D.All merchandise received, transferred to any other store, or returned to the manufacturer shall be reported daily to the home office of Employer on special merchandise report forms. Allowance made to a customer for any reason whatsoever shall be reported to the home office of Employer and shall only be made after such customer shall have signed a receipt, which receipt shall immediately be mailed to the home office accompanying the report of that day. 5. Drawing Account Manager shall not make any expenditures without the consent of Employer , provided, however, that Manager may, out of cash receipts, make payment for freight and expense charges, and pay disbursements, which shall not exceed $____________ for any one item. 6. Contracting for Employer Manager shall not, without the written consent of Employer, negotiate or enter into any contract whatsoever, oral or in writing, for any work or for the purchase of merchandise for the store, in Manager own name or the name of Employer , or in the name of the store. 7. Approval of Expenditures All proposed contracts requiring the expenditure of money or the assumption of any obligation must be first submitted to and approved by a duly authorized officer of Employer in writing. 8. Inventory Manager shall, whenever required by Employer, take inventory of the stock on hand in the store that he manages. 9. Best Efforts Manager shall devote his whole time, energy, and attention to the performance of the duties under this Agreement, subject at all times to the direction and control of Employer, and Manager shall promptly obey and comply with all rules, regulations, and orders that may from time to time be issued by Employer. 10. Other Employment Manager shall not directly or indirectly represent or be engaged by or be in the employ of any other person, firm, corporation, or other entity, or be engaged or interested in any other business or enterprise whatsoever while Manager is in the employ of Employer . 11.SecurityA. Manager shall be responsible for the daily opening and closing of the store and for the retention of the key or keys to the store.B. With the exception of delegating the task of opening or closing the store or the retention of the key or keys for the store to the assistant manager, Manager shall not permit any employee of the store to carry the key or keys for the store or to have access to the store except during the usual business hours.12.Manager’s Responsibilities A.Manager shall be responsible to Employer for all merchandise, furnishings, and fixtures now in the store or that may, after the effective date of this Agreement, be placed in the store.B. If, on any inventory taken, there shall be a shortage of merchandise, cash, stock, or fixtures, Manager shall immediately on discovery of such shortage render a report to the home office of Employer , and if the loss is thought to have been caused by theft, Manager shall report the suspected theft to the police. C. Manager shall use his best efforts to ensure a profitable operation, supervise and train employees, and interact with the community 13.Employer shall provide Manager with a vacation of ______ (number) days with pay each year during the term of this Agreement, the time for Manager’s taking such vacation shall be determined by mutual agreement between Employer and Manager.14. Confidential Reports Manager shall at all times keep secret all information of Employer’s customers' list and information concerning customers, and Manager shall not divulge any confidential information in relation to the business of Employer to any person, firm, corporation, or other entity. 15. Termination Notice It is agreed by the parties that Manager is employed from month to month and his employment may be terminated on one month's notice at the end of any month by Employer and at the end of any month by Manager on Manager’s giving to Employer at the home office one month's written notice of the intention to terminate his employment. 16. Termination Pay If Manager’s services with Employer should terminate, Manager will not receive any termination pay other than the salary that is due him up to the date of the termination of his services. 17. 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. 18. Governing Law This Agreement shall be governed by, construed, and enforced in accordance with the laws of the State of _______________. 19. Mandatory Arbitration Notwithstanding the foregoing, and anything herein to the contrary, 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.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. 22. 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. 23. 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 Cooperative ___________________________ By_____________________________(Printed Name of Employee) _______________________________ ___________________________ (Name and Office in Corporation) (Signature of Employee) _______________________________ (Signature of Officer)