STORE MANAGER AGREEMENT
This Store Manager Agreement (hereinafter referred to as the “Agreement”) is made on [INSERT DATE ON WHICH THE AGREEMENT COMES INTO FORCE] (hereinafter referred to as the “Effective Date”) between:
[INSERT NAME OF COMPANY], having registered office at [INSERT ADDRESS OF THE COMPANY] (hereinafter referred to as the “Company” which expression shall, unless repugnant to the context or meaning thereof, means and includes its legal representatives, executors, administrators and permitted assigns); and
[INSERT NAME OF THE STORE MANAGER], residing at [INSERT ADDRESS OF THE INDIVIDUAL] (hereinafter referred to as the “Store Manager” which expression shall, unless repugnant to the context or meaning thereof, means and includes its legal representatives, executors, administrators and permitted assigns).
The “Company” and the “Store Manager” together shall be referred to as “Parties” and individually as a “Party”.
WHEREAS:
- The Company owns and operates a store located at [INSERT STORE ADDRESS] (the “Store”);
- The Store Manager has the necessary qualifications and expertise to manage the operations of the Store;
- The Company desires to engage the Store Manager to operate and manage the massage therapy store on an independent contractor basis, and the Store Manager is willing to provide such services, subject to the terms and conditions set forth in this Agreement.
NOW, THEREFORE, expressly incorporating the foregoing Recitals as part of the consideration hereof, and in further consideration of the premises and the mutual promises and covenants contained herein, the Company and Store Manager hereby agree as follows:
- SCOPE OF SERVICES
- The Store Manager agrees to operate and manage the store in a professional manner, providing massage therapy services to clients in compliance with all applicable laws and regulations.
- INDEPENDENT STORE MANAGER
- The parties agree that the Store Manager is an independent contractor and not an employee of the Company. The Store Manager shall have control over the manner and means of performing the services and shall be responsible for all taxes, insurance, and other obligations.
- TERM AND TERMINATION
- The Agreement shall commence on the effective date and shall continue until terminated by either party with [INSERT NOTICE PERIOD FOR TERMINATION] days written notice. The Company may terminate this Agreement immediately for cause, including but not limited to a material breach of the terms herein.
- The Store Manager agrees and acknowledges that on receipt of any legal complaint against the Store Manager, the Company may terminate this Agreement immediately.
- DUTIES AND RESPONSIBILITIES
- The Store Manager agrees to provide services diligently, maintaining the highest standards of professionalism and ethical conduct.
- The Store Manager expressly agrees not to engage in any conduct that may be construed as inappropriate, illegal or unprofessional.
- The Store Manager's duties include, but are not limited to:
- Overseeing daily operations of the store.
- Ensuring compliance with all applicable laws and regulations.
- Handling customer service and addressing customer concerns.
- Managing inventory, ordering supplies, and maintaining equipment.
- COMPENSATION AND TAXES
- The Store Manager shall be compensated as follows: [INSERT COMPENSATION]
- The Store Manager is responsible for any tax liability resulting from their compensation and the Company is not responsible for deducting any taxes from the Store Manager’s Compensation.
- INDEMNITY
- The Store Manager shall indemnify the Company against any and all expenses, including amounts paid upon judgments, counsel fees, environmental penalties and fines, and amounts paid in settlement (before or after suit is commenced), incurred by the Company in connection with the defence or settlement of any claim, action, suit or proceeding in which the Company is made a party or which may be asserted against his/her by reason of the performance of duties in this Agreement. Such indemnification shall be in addition to any other rights to which those indemnified may be entitled under any law, by-law, agreement, or otherwise.
- In the event of any breach of this Agreement or any willful act, omission, fraud, or negligence on the part of the Store Manager, the Store Manager shall indemnify the Company against any and all actual losses, damages, costs, and expenses, including but not limited to attorney’s fees, incurred by the Company as a direct result of such breach or misconduct. This indemnification obligation shall survive the termination or expiration of this Contract.
- CONFIDENTIALITY
- As Confidential Information will from time to time become known to the Store Manager, the Store Manager agrees that the restraints set forth in this Agreement are necessary for the reasonable protection by the Company of its business, the clients thereof or their respective affairs.
- The Store Manager shall not at any time, either during the continuance of or after the termination of agreement with the Company, use, disclose or communicate to any person whatsoever any Confidential Information which Store Manager may have become possessed during the association with the Company nor shall the Store Manager supply the names or addresses of any clients, customers, vendors or agents of the Company to any person except as authorised by the Company or as ordered by a Court of competent jurisdiction.
- The Store Manager agrees to not at any time during the continuance of association or on expiry or on termination/cessation of association with the Company or thereafter, issue any statements to the any person whosoever (whether oral or written) which have not directly been authorised by the Company.
- Such restriction shall apply to any statement to any representative of television, radio, film or other similar media and to writing of any article for the press or otherwise for publication on any matter connected with or relating to the business of the Company.
- The obligations under this Clause shall survive the termination or expiration of this Agreement.
- RETURN OF PROPERTY ON TERMINATION
- Upon the termination or cessation of Store Manager’s association with the Company for any cause whatsoever, Store Manager shall immediately deliver up to the Company or its authorised representative, any property or documents of the Company which may be in Store Manager’s possession, custody or under Store Manager’s control, including, without limitation, notes, records, reports, sketches, plans, letter heads, visiting cards, or other documents and any copies or reproductions thereof in any medium whatsoever, and all other Confidential Information, whether or not the property was originally supplied to the Store Manager by the Company.
- Without prejudice to any other right available under law, the Company reserves the right to make reasonable deductions from Store Manager’s full and final salary payment or any other amount due to Store Manager, in the event the Store Manager fail to return all the property of the Company which is in Store Manager’s possession, or return it in a damaged state, other than due to normal wear and tear.
- MISCELLANEOUS
- GOVERNING LAW AND DISPUTE RESOLUTION
- Any dispute between the parties shall be resolved by and in in accordance with Company’s disciplinary and disputes processes.
- This Agreement shall be governed by and construed in accordance with the laws of [INSERT STATE/COUNTRY OF APPLICABLE LAWS].
- If any dispute, controversy or claim (Dispute) arises out of or relating to this Agreement, or to the interpretation, breach, termination or validity of this Agreement, the parties to the Dispute (Disputing Parties) must use their best efforts to resolve the Dispute through consultation or mediation. The consultation or mediation between the Disputing Parties must begin as soon as practicable after one Disputing Party has delivered to the other Disputing Party or Parties a written notice setting out the matter of the Dispute (Dispute Notice).
- If a Dispute is not settled within 30 days after the date of the relevant Dispute Notice, the Dispute must be referred to and resolved by arbitration in accordance with the Arbitration laws of [INSERT ARBITRATION’S PLACE].
- The language of the arbitration will be English.
- JURISDICTION. In relation to any legal action or proceedings arising out of or in connection with this Agreement, both the parties irrevocably submit to the exclusive jurisdiction of the courts in [INSERT COURT WHICH SHALL HAVE EXCLUSIVE JURISDICTION IN CASE OF DISPUTE BETWEEN THE PARTIES].
- NOTICES. All notices, requests, demands or other communication required or permitted to be given under this Agreement and the provisions contained herein shall be in writing in English language and are effective upon delivery to the applicable Party (whether by mail, electronically, personal delivery or otherwise) at the address, and marked to the attention of: if to the Company, at its Registered Office or if to Store Manager, at Store Manager’s current known residential address or current known email address.
- SEVERABILITY
- Clauses Independent: A Clause contained in this Agreement is enforceable independently of each of the other Clauses and a Clause’s validity is not affected if any of the other Clauses are invalid.
- Partial Validity: If a Clause is void under applicable laws but would be valid if some part of the Clause were deleted, the Clause in question shall apply with such modification as may be necessary to make it valid.
- Waiver: No failure by a Party to exercise, nor any delay by the Party in exercising, any right, power or remedy hereunder shall operate as a waiver of that or any other right, power or remedy of the Party, nor shall any single or partial exercise of any right, power or remedy preclude any other or further exercise of that or any other right, power or remedy.
- SUPERSESSION. This Agreement supersedes any prior or subsisting agreement, correspondence or arrangement, made between the Company and Store Manager and any such agreement(s) shall be deemed to have been terminated by mutual consent with effect from the Effective Date.
IN WITNESS, WHEREOF, the Parties to this Agreement, dated [INSERT DATE ON WHICH THE AGREEMENT COMES INTO FORCE], have caused their respective duly authorised representatives to execute this Agreement on the day and year first above written:
Signed, sealed and delivered on behalf of the Company:
Name: [INSERT NAME OF THE COMPANY/SIGNING AUTHORITY AND DESIGNATION]
Signature:
Date: [INSERT SIGNING DATE OF THE COMPANY]
Signed, sealed and delivered on behalf of the Store Manager:
Name: [INSERT NAME OF THE STORE MANAGER]
Signature:
Date: [INSERT SIGNING DATE OF THE STORE MANAGER]