Recruiting Services Agreement: Definition & Sample

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What is a Recruiting Services Agreement?

A recruiting services agreement defines the responsibilities of both parties concerning professional recruitment services. A contract for this service is typically drawn up when an employer hires a recruitment agency to find candidates for employment.

The main difference between an employment agency and a recruitment agency is that, while agencies can provide candidates, they cannot offer or negotiate salaries on behalf of employers. Therefore, once a business has found its perfect candidate through the recruiting service, they will need to negotiate with the new employee directly about salary and other matters.

Common Sections in Recruiting Services Agreements

Below is a list of common sections included in Recruiting Services Agreements. These sections are linked to the below sample agreement for you to explore.

Recruiting Services Agreement Sample

This Staffing Services Agreement (“Agreement”) is entered into on this 16 day of June, 2006, by and between BBI International (“BBI”), a Colorado corporation, and E Energy Adams (“Client”).

WHEREAS, BBI is engaged in providing staffing services and BBI desires to be engaged by Client, all on the terms and conditions of this Agreement; and

WHEREAS, Client desires to engage BBI to provide staffing services from time to time and BBI desires to be engaged by Client on the terms and conditions of this Agreement; and

WHEREAS, As used herein, the term “Candidate” means a person BBI has submitted to Client for consideration as a potential employee by Client.

THEREFORE, in consideration of the premises and mutual promises contained herein, the parties agree as follows:

This Agreement shall commence on the date this Agreement is executed by all parties, and continue for an initial term of one (1) year, and shall continue thereafter (on a month-to-month basis) unless terminated in writing by either party.

BBI will provide staffing and recruiting services from time to time as requested by Client. It is understood that under this Agreement all services provided by BBI will be provided on a contingency basis. Contingency Staffing Services are defined as follows: Upon request from Client, BBI will source, recruit, screen, and deliver Candidates as directed by Client. BBI is responsible for all costs associated with sourcing, screening, and recruiting of Candidates. Client is not responsible for payment to BBI unless Client has hired a Candidate delivered by BBI.

Client agrees to pay BBI 25% of the first year annual salary, including guaranteed bonuses, for any Candidate BBI has supplied to Client that Client has hired as an employee. BBI’s minimum placement fee is $10,000. BBI will invoice Client for said amount within 10 days of the Candidates first day of employment. Payment in full for invoice(s) shall be due within 30 days from invoice date.

Resumes submitted to Client are confidential and for Client use only. Client agrees that BBI is the representative of all Candidates for which resumes are submitted to Client by BBI. Accordingly, Client agrees that if any Candidate submitted to Client by BBI is hired either directly or indirectly by Client within three hundred sixty five (365) days of the receipt of resume, Client agrees to pay to BBI as liquidated damages an amount equal to 25% of the employees first year annual salary, including guaranteed bonuses.

If, within 90 days of the Candidates starting date, Client is dissatisfied with the performance of the Candidate, and Client wishes to terminate Candidate employment, Client shall not be required to pay BBI fees associated with that Candidate and BBI agrees to refund any payments made by Client for said Candidate. Client must notify BBI within the initial 90-day period, specifying the reasons for its dissatisfaction and termination. BBI agrees, if requested by Client, to conduct a new search to replace the Candidate that has been terminated.

BBI recognizes that while performing its duties under this Agreement, BBI may be granted access to certain proprietary and confidential information regarding Client’s business, customers, and employees. BBI agrees to keep such information confidential and the obligations of this paragraph will survive the termination of this Agreement. This

paragraph does not apply to information that was previously known or information that is available in the public domain.

This Agreement may be amended, waived, changed, modified or discharged only by an agreement in writing signed on behalf of all parties by the authorized representatives executing this Agreement.

IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year first above written.

Reference:
Security Exchange Commission - Edgar Database, EX-10.4 5 c07810exv10w4.htm CONTINGENCY STAFFING SERVICES AGREEMENT, Viewed January 27, 2022, View Source on SEC.

Who Helps With Recruiting Services Agreements?

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Ryenne S.

Ryenne S.

My name is Ryenne Shaw and I help business owners build businesses that operate as assets instead of liabilities, increase in value over time and build wealth. My areas of expertise include corporate formation and business structure, contract law, employment/labor law, business risk and compliance and intellectual property. I also serve as outside general counsel to several businesses across various industries nationally. I spent most of my early legal career assisting C.E.O.s, General Counsel, and in-house legal counsel of both large and smaller corporations in minimizing liability, protecting business assets and maximizing profits. While working with many of these entities, I realized that smaller entities are often underserved. I saw that smaller business owners weren’t receiving the same level of legal support larger corporations relied upon to grow and sustain. I knew this was a major contributor to the ceiling that most small businesses hit before they’ve even scratched the surface of their potential. And I knew at that moment that all of this lack of knowledge and support was creating a huge wealth gap. After over ten years of legal experience, I started my law firm to provide the legal support small to mid-sized business owners and entrepreneurs need to grow and protect their brands, businesses, and assets. I have a passion for helping small to mid-sized businesses and startups grow into wealth-building assets by leveraging the same legal strategies large corporations have used for years to create real wealth. I enjoy connecting with my clients, learning about their visions and identifying ways to protect and maximize the reach, value and impact of their businesses. I am a strong legal writer with extensive litigation experience, including both federal and state (and administratively), which brings another element to every contract I prepare and the overall counsel and value I provide. Some of my recent projects include: - Negotiating & Drafting Commercial Lease Agreements - Drafting Trademark Licensing Agreements - Drafting Ambassador and Influencer Agreements - Drafting Collaboration Agreements - Drafting Service Agreements for service-providers, coaches and consultants - Drafting Master Service Agreements and SOWs - Drafting Terms of Service and Privacy Policies - Preparing policies and procedures for businesses in highly regulated industries - Drafting Employee Handbooks, Standard Operations and Procedures (SOPs) manuals, employment agreements - Creating Employer-employee infrastructure to ensure business compliance with employment and labor laws - Drafting Independent Contractor Agreements and Non-Disclosure/Non-Competition/Non-Solicitation Agreements - Conducting Federal Trademark Searches and filing trademark applications - Preparing Trademark Opinion Letters after conducting appropriate legal research - Drafting Letters of Opinion for Small Business Loans - Drafting and Responding to Cease and Desist Letters I service clients throughout the United States across a broad range of industries.