Placement Employment Services Agreement

PLACEMENT EMPLOYMENT SERVICES AGREEMENT

This Placement Employment Services Agreement (the "Agreement") is entered into on by and between Placement Agency: (the "Agency") and Client Company: (the "Client"). Agency and Client are each a "Party" and collectively the "Parties."

1. Scope of Services

Agency will provide recruitment and placement services to identify, screen, and present candidates for employment by Client for the position(s) detailed in the Position Requisition. Agency shall use commercially reasonable efforts to locate candidates who meet Client's stated requirements and shall provide candidate summaries and supporting documentation.

2. Engagement Type

Select the type of engagement for the search:

Contingency search (fee payable only upon hire)
Retained search (fixed retainer and success fee)
Exclusive search (Agency has exclusive rights to fill position for agreed period)

3. Position Requisition

4. Candidate Profile & Information

Client shall provide Agency with a written description of required qualifications, competencies, and any minimum credentialing required for presented candidates.

5. Candidate Information (Sample Form)

(Agency may collect the following candidate details and provide to Client with candidate submissions.)

6. Employment History (Provide at least two entries)

7. Education

8. References (Provide three professional references)

9. Fees, Invoicing and Payment

Client agrees to pay Agency the placement fee as described below. Unless otherwise agreed in writing, fees are due upon invoice and payable within the stated payment terms.

Client will reimburse agreed, pre-approved out-of-pocket expenses incurred by Agency in connection with searches. All fees are exclusive of taxes; Client is responsible for any taxes arising from payments to Agency except taxes based on Agency's net income.

10. Replacement Guarantee

Agency offers the following guarantee for placements: if a placed candidate's employment terminates for any reason other than a documented reduction in force or layoff within days of the candidate's start date, Agency will (at Agency's option) use commercially reasonable efforts to present a suitable replacement candidate at no additional placement fee or provide a prorated refund as set forth below.

11. Candidate Ownership; Exclusivity

Candidates submitted by Agency shall be considered Agency's candidates for the purpose of this Agreement. Client agrees not to engage, directly or indirectly, any candidate introduced by Agency for any position with Client during the term of this Agreement and for a period of six (6) months following termination without payment of the applicable placement fee.

Client acknowledges candidate ownership and exclusivity provisions.

12. Background Checks and Authorization

Agency may conduct background checks, reference checks, and employment verification on candidates as authorized by Client and by the candidate. Client authorizes Agency to perform such checks and to disclose results to Client for the purpose of evaluating candidates.

Client authorizes Agency to conduct background and reference checks consistent with applicable law.

13. Legal Disclosures

At-Will Employment: Client acknowledges that employment relationships with placed candidates are at-will unless otherwise specified in a written employment agreement executed by Client and candidate.

Equal Opportunity: Client represents and warrants that Client is an equal opportunity employer and will not discriminate against candidates on any protected basis. Client will comply with all applicable employment laws in hiring and employment practices.

Client confirms compliance with At-Will and Equal Opportunity statements above.

14. Confidentiality & Data Protection

Each Party shall keep confidential all non-public information received from the other Party and shall not use such information except to perform obligations under this Agreement. Agency will handle candidate personal data in accordance with applicable privacy laws and only share candidate data necessary for Client's evaluation.

15. Warranties; Indemnification; Limitation of Liability

Agency warrants that it will use commercially reasonable efforts to verify candidate information but does not guarantee qualifications or performance. Client shall make all hiring decisions and is responsible for determining suitability of candidates. Client agrees to indemnify and hold Agency harmless from claims arising from Client's hiring decisions, except to the extent caused by Agency's gross negligence or willful misconduct. Except for indemnity obligations and willful misconduct, Agency's aggregate liability under this Agreement shall not exceed the placement fee paid by Client for the placement giving rise to the claim.

16. Term and Termination

This Agreement shall commence on the Effective Date and continue until terminated by either Party on thirty (30) days' prior written notice. Termination shall not affect the obligation to pay fees for placements made prior to termination or for candidates submitted within the agreed post-termination presentation period.

17. Notices

18. Miscellaneous

This Agreement constitutes the entire agreement between the Parties concerning its subject matter and may be amended only by a written instrument signed by both Parties. If any provision is found invalid, the remaining provisions shall remain in full force. This Agreement shall be governed by the laws of the state identified below.

19. Applicant Certification & Authorization (for candidate submissions)

Candidate information provided is true and complete to the best of the candidate's knowledge. Candidate authorizes Agency and Client to verify employment history, education, and professional references and to conduct background screening where permitted by applicable law.

By checking this box, Client confirms that candidate submission materials will include a signed authorization from the candidate or equivalent lawful consent to proceed with checks.

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