EMPLOYMENT AGREEMENT
This Agreement made and entered by and between Executive Image International the ("corporation"), and the ("contractor"). The
parties recite that:
A. The corporation is engaged in retail sales and maintains business premises at 5336 S. Campbell, Springfield, MO 65810.
B. Contractor is willing to be employed by the corporation, and the corporation is willing to employ contractor, on the terms and conditions hereinafter set forth. For the reasons set forth above, and in consideration of the mutual covenants and promises of the parties hereto, the corporation and contractor covenant and agree as follows:
1. AGREEMENT TO EMPLOY AND BE EMPLOYED
The corporation hereby employs contractor as content writer at the above-mentioned premises, and contractor hereby accepts and agrees to such employment.
2. DESCRIPTION OF CONTRACTOR'S DUTIES
Contractor shall perform such duties as are customarily performed by one holding such position in other businesses or enterprises of the same or similar nature as that engaged in by the corporation.
Contractor shall additionally render such other and unrelated services and duties as may be assigned from time to time by the corporation.
3. MANNER OF PERFORMANCE OF CONTRACTOR'S DUTIES
Contractor shall at all times faithfully, and industriously perform all duties that may be required pursuant to the express and implicit terms
hereof, to the reasonable satisfaction of the corporation. Such duties shall be rendered at the abovementioned premises or at such other place or places as the corporation shall in good faith require or as the interests, needs, business, and opportunities of the corporation shall require or make advisable.
4. DURATION OF EMPLOYMENT
The term of employment shall be as needed subject, however, to prior
termination as otherwise provided herein.
5. COMPENSATION; REIMBURSEMENT
The corporation shall pay contractor and contractor agrees to accept from the corporation, in full payment for contractor's services hereunder, compensation at the rate of Ten Dollars ($__10_) per product content written, payable upon the quota of Twenty (20) products being completed within a Seven (7) day period, reviewed, revised, and accepted by the corporation.
6. CONTRACTOR'S LOYALTY TO THE CORPORATION'S INTERESTS
Contractor expressly agrees that during the term hereof to not be interested, directly or indirectly, in any form, fashion, or
manner, as partner, officer, director, stockholder, advisor, contractor, or in any other form or capacity, in any other business similar to the corporation's business or any allied trade, except that nothing herein contained shall be deemed to prevent or limit the right of contractor to invest any surplus funds in the capital stock or other securities of any corporation whose stock or securities are publicly owned or are regularly traded on any public exchange, nor shall anything herein contained by deemed to prevent contractor from investing or limit contractor's right to invest surplus funds in real estate.
7. NONDISCLOSURE OF INFORMATION CONCERNING BUSINESS
Contractor will not at any time, in any fashion, form, or manner, either directly or indirectly divulge, disclose, or communicate to any person, firm, or corporation in any manner whatsoever any information of any kind, nature, or description concerning any matters affecting or relating to the business of the corporation, including, without limitation, the names of any its customers, the prices it obtains or has obtained, or at which it sells or has sold its products, or any other information concerning the business of the corporation, its manner of operation, or its plans, processes, or other date of any kind, nature, or description without regard to whether any or all of the foregoing matters would be deemed confidential,
material, or important. The parties hereby stipulate that, as between
them, the foregoing matters are important, material, and confidential,
and gravely affect the effective and successful conduct of the business
of the corporation, and its good will, and that any breach of the terms of this section is a material breach of this agreement.
8. OPTION TO TERMINATE ON PERMANENT DISABILITY OF CONTRACTOR
Not withstanding anything in this agreement to the contrary, the corporation is hereby given the option to terminate this agreement in the event that during the term hereof contractor shall become permanently disabled, as the term "permanently disabled" is hereinafter fixed and defined. Such option shall be exercised by the corporation giving notice to contractor by registered mail, addressed to him in care of the corporation at the above stated address, or at such other address as contractor shall designate in writing, of its 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 and the term hereof shall cease and come to an end on the last day of the month in which the notice is mailed, with the same force and effect as if such last day of the month were the date originally set forth as the termination date. For purposes of this agreement, contractor
shall be deemed to have become permanently disabled if, during any year
of the term hereof, because of ill health, physical or mental disability, or for other causes beyond contractors control, contractor shall have been continuously unable or unwilling or have failed to perform the duties hereunder for thirty (30) consecutive days.
9. DISCONTINUANCE OF BUSINESS AS TERMINATION OF EMPLOYMENT
Anything herein contained to the contrary notwithstanding, in the
event that the corporation shall discontinue operations at the premises mentioned above, then this agreement shall cease and terminate as of the last day of the month in which operations cease with the same force and effect as if such last day of the month were originally set forth as the termination date hereof.
10. CONTRACTOR'S COMMITMENTS BINDING ON THE CORPORATION ONLY ON WRITTEN CONSENT
Contractor shall not have the right to make any contracts or other
commitments for or on behalf of the corporation without the written consent of the corporation.
11. CONTRACT TERMS TO BE EXCLUSIVE
This written agreement contains the sole and entire agreement between
the parties, and supersedes any and all other agreements between them.
The parties acknowledge and agree that neither of them has made any
representation with respect to the subject matter of this agreement or
any representations inducing the execution and delivery hereof except
such representations as are specifically set forth herein, and each party acknowledges that it has relied on its own judgment in
entering into the agreement. The parties further acknowledge that
any statements or representations that may have heretofore been made
by either of them to the other are void and of no effect and that
neither of them has relied thereon in connection with its dealings
with the other.
12. WAIVER OR MODIFICATION INEFFECTIVE UNLESS IN WRITING
No waiver or modification of this agreement or of any covenant,
condition, or limitation herein contained shall be valid unless in
writing and duly executed by the party to be charged therewith.
Furthermore, no evidence of any waiver or modification shall be offered
or received in evidence in any proceeding, arbitration, or litigation
between the parties arising out of or affecting this agreement, or the
rights or obligations of any party hereunder, unless such waiver or
modification is in writing, duly executed as aforesaid. The provisions
of this paragraph may not be waived except as herein set forth.
13. CONTRACT GOVERNED BY LAW
This agreement and performance hereunder shall be construed in
accordance with the laws of the State of Missouri.
14. BINDING EFFECT OF AGREEMENT
This agreement shall be binding on and inure to the benefit of
The respective parties and their respective heirs, legal
representatives, successors, and assigns. |