TRAINING REIMBURSEMENT AGREEMENT
This Training Reimbursement 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 THE EMPLOYER], having registered office at [INSERT ADDRESS OF THE EMPLOYER] (hereinafter referred to as the “Employer” 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 EMPLOYEE], having registered office at [INSERT ADDRESS OF THE EMPLOYEE] (hereinafter referred to as the “Employee” which expression shall, unless repugnant to the context or meaning thereof, means and includes its legal representatives, executors, administrators and permitted assigns).
The “Employer” and the “Employee” together shall be referred to as “Parties” and individually as a “Party”.
WHEREAS
- The Employer is the owner of [INSERT COMPANY NAME] (referred to as “Company”) and is willing to provide support to the employee by reimbursing the expenses associated with the training program.
- The Employee desires to enhance their skills and agrees to participate in the training program.
- The Parties mutually agree to the terms and conditions outlined in this Agreement, which governs the working relationship between the parties.
- The parties are duly authorized and have the capacity to enter into this agreement.
- Both the parties affirm to understand the provisions contained herein and in case either party requires clarification as to one or more provisions, either party has had the right to seek clarifications or sought legal guidance.
NOW, THEREFORE, in consideration of the mutual promises contained herein and intending to, be legally bound, the Parties have agreed as follows:
- DEFINITIONS
- “Employee’ refers to the individual participating in the training program and receiving reimbursement as outlined in this agreement.
- “Training Program” refers to the specific program or course in which the employee is enrolled and seeking reimbursement for associated expenses.
- “Reimbursement” refers to the process by wish employer compensates the employee for eligible expenses incurred during the training program, subject to the terms and conditions of this agreement.
- “Expenses” refers to the costs incurred by the employee directly related to the training program, including but not limited to tuition, fees, materials, travel as approved by the Employer and Company.
- “Confidential Information" means any non-public information, data, documentation, trade secrets, know-how, or any other information disclosed by one party(Employer) to the other party(Employee) in connection with this agreement , whether in written, oral, electronic, or any other form, and identified as confidential or which the Parties should reasonably understand to be confidential.
- TRAINING PROGRAME
- The Employer agrees to reimburse the employee for the following training programs and courses; [INSERT DESCRIPTION OF TRAINING PROGRAMS AND COURSES].
- The Employee acknowledges that the specific training program is designed to enhance the employee’s skills, knowledge, and performance within the Company, with the goal of contributing to the employee’s professional growth and effectiveness in their role.
- CONDITIONS OF REIMBURSEMENT
- In order to be eligible for reimbursement of expenses related to the training program, the following conditions must be fulfilled by the employee:
- Successful completion of the training program or course opted by the employee, as evidenced by providing certificate of completion to the Company.
- Employee must remain employed with the Company for a minimum period of [INSERT MINIMUM PERIOD OF EMPLOYMENT] after completing the training program to be eligible for reimbursement. However, if employee voluntarily terminates or resigns their employment with the Company or is terminated for cause within the specified period, Employee agrees to reimburse the Company for a prorated portion of the training expenses based on the remaining period of employment.
- Employee must submit all the relevant records and receipts for expenses incurred during the training program to the Employer for reimbursement within [INSERT TIMEFRAME WITHIN WHICH THE EMPLOYEE MUST SUBMIT ALL THE RECIEPT OF EXPENSES].
- Failure to fulfill any of the above conditions may result in the Employee being ineligible for reimbursement of expenses as per the terms of this agreement.
- ROLES AND RESPONSIBILITIES
- Employer shall provide financial support for the employee’s participation in the specified training program, subject to the terms and conditions outlined in this Agreement.
- Employer shall maintain confidentiality regarding the employee’s participation in the training program and any related reimbursement requests.
- Employer shall provide necessary resources and support to facilitate the employee’s successful completion of the training program.
- Employee agrees to actively participate in the specified training program and make a diligent effort to successfully complete all required coursework and assessments.
- Employee shall maintain accurate records of all expenses incurred during the training program and submit timely reimbursement requests along with supporting documentation to the employer.
- Employee must notify the employer promptly of any changes in the employee’s employment status or circumstances that may affect eligibility for reimbursement.
- Both parties agree to fulfill their respective roles and responsibilities in good faith and to communicate openly and effectively throughout the duration of the training program and reimbursement process.
- CONFIDENTIALITY
- During and after the completion of the training program, Employee will hold in the strictest confidence, and take all reasonable precautions to prevent any unauthorized use or disclosure of Company’s sensitive or confidential information, and will not (i) use the Confidential Information for any purpose whatsoever other than as necessary for the performance of their duties, or (ii) disclose the Confidential Information to any third party without the prior written consent of an authorized representative of the Company or Employee.
- The Employee shall not use any Company’s confidential information directly or indirectly to procure a commercial advantage over any third-party or otherwise use any designs, ideas or concepts created by or belonging to the Company without the express written consent of the Company or Employer.
- Upon termination/ expiration whichever is earlier, the Employee shall promptly return or certify the destruction of Confidential Information and all authorized copies thereof.
- FORCE MAJEURE
- Neither party shall be held liable for any failure or delay in performing its obligations under this Agreement if such failure or delay is caused by events beyond the reasonable control of the affected party, including but not limited to acts of God, natural disasters (e.g., floods, earthquakes, hurricanes), war, terrorism, riots, labour strikes, governmental actions, epidemics or pandemics, power outages, or other similar events ("Force Majeure Events").The affected party shall promptly notify the other party in writing of the occurrence of a Force Majeure Event, providing reasonable details of the event, its expected duration, and the steps being taken to mitigate its impact. Failure to provide timely notice may result in the affected party forfeiting its rights under this clause. If a Force Majeure Event continues for a period exceeding [INSERT THE NUMBER OF DAYS CONSTITUTING PERIOD EXCEEDING WHICH, IF THE FORCE MAJEURE CONTINUES, EITHER PARTY MAY TERMINATE THE AGREEMENT] days, either party may terminate this Agreement upon written notice to the other party without further liability, except for obligations accrued prior to the Force Majeure Event.
- APPLICABLE LAW
- This Agreement shall be governed by and constructed in accordance with the Laws, rules, orders and regulations of [INSERT THE COUNTRY OF APPLICABLE LAWS] .
- The Parties shall resolve all disputes in connection with the validity or interpretation of this Agreement, unless otherwise expressly stated in the Agreement, in the following manner:
- By direct negotiations between the Employer and Employee.
- If negotiations between the parties are unsuccessful, the matter shall be referred to the competent court sitting at [INSERT THE COURT WHICH SHALL HAVE EXCLUSIVE JURISDICTION IN CASE OF DISPUTE BETWEEN THE PARTIES] which shall have exclusive jurisdiction in all matters arising there from unless otherwise agreed between the Parties in writing.
- NOTICES
- Any notice, request, demand, consent or other communication required or permitted under this Agreement shall be in writing and sent either via email on the email address as provided by the parties and shall be considered sent when the email is sent to the correct email address of the party or shall be given by personal delivery (including courier) by certified mail (confirmed by mail) addressed to the party for which it is intended at the address below and shall be deemed to be given on the day of delivery or transmission if within during normal business hours, or, if after business hours, on the next following Business Day, or if mailed by registered or certified mail, on the day which is seven (7) Business Days after such notice is mailed during normal postal conditions. In the event of a postal disruption, any notice mailed will be deemed received on the seventh (7th) Business Day following resumption of regular postal service:
- If to the Employee: [INSERT EMAIL ID OR/AND ADDRESS OF THE EMPLOYEE]
- If to the Employer: [INSERT EMAIL ID OR/AND ADDRESS OF THE EMPLOYER]
- Either party may change its address/email address for notices and other communications upon notice to the other party in the manner aforesaid.
- DISPUTE RESOLUTION
- The Parties shall endeavor to resolve any differences of opinion which may arise between them with respect to the provisions of this Agreement by negotiation between themselves personally or with the assistance of their attorneys and unless in the opinion of any party, acting reasonably, the matter in dispute is of such significant nature to warrant it being addressed otherwise, no party shall commence any public proceedings until the negotiations have failed to produce a resolution. In furtherance of the provisions of this paragraph, all Parties hereby agree to make themselves available on short notice and to negotiate promptly and in good faith, any matter any party may wish to negotiate.
- All disputes arising under this agreement shall be governed by and interpreted in accordance with the Arbitration laws of [INSERT COUNTRY/STATE OF ARBITRATION] , without regard to principles of conflict of laws. The parties to this agreement will submit all disputes arising under this Agreement to Arbitration in [INSERT COUNTRY/STATE OF ARBITRATION] before a single arbitrator .The arbitrator shall be selected by mutual agreement of the parties. The venue of Arbitration proceedings shall be [INSERT NAME OF COUNTRY AND CITY WHERE ARBITRATION SHALL BE CONDUCTED] No party to this agreement will challenge the jurisdiction or venue provisions as provided in this section. The decision of the Arbitrator shall be final and binding upon the parties.
- MISCELLANOUS
- Modifications: Except as otherwise provided herein this Agreement shall not be amended or otherwise modified unless the modification or amendment is done in writing, signed and has been mutually agreed by both the parties.
- Language: The language of all communications between the parties pursuant to this Agreement, including notices and reports, will be the [INSERT LANGUAGE OF ALL COMMUNICATION].
- Severability: If any provision of this Agreement shall, to any extent, be held to be invalid or unenforceable, it shall be deemed to be separate and severable from the remaining provisions of this Agreement, which shall remain in full force and effect and be binding as though the invalid or unenforceable provision had not been included.
- Entire agreement: This agreement along with all the Exhibits constitutes the entire understanding and agreement of the parties with respect to its subject matter and supersedes all prior and contemporaneous agreements or understandings, inducements or conditions, express or implied, written or oral, between the parties. This Agreement may be executed in identical duplicate counterparts, each of which shall be deemed an original, and both of which together shall constitute one and the same instrument.
- No Waiver: Any failure or delay of any Party hereto in exercising any right or privilege with respect to this Agreement shall not be construed to be a waiver or to affect the validity of any part of the Agreement and shall not retrain any of the Parties to enforce any of the provisions of the Agreement.
- Amendments and Assignments: Any amendments to this Agreement shall be made, only if, both Parties agree upon such amendment in writing. This Agreement shall not be assigned by either party without the express, written consent of the other party.
- Headings: The headings upon the various sections are solely for convenience and reference only and shall not affect the scope, meaning, intent or interpretation of the provisions of this Agreement, nor shall such headings otherwise be given any legal effect.
- DECLARATION
- Each of the parties hereto covenant and agree to execute and deliver such further and other agreements, assurances, undertakings or documents, cause such meetings to be held, resolutions passed and by-laws enacted, exercise their votes and influence and do and perform and cause to be done and performed any further and other acts and things as may be necessary or desirable in order to give full effect to this Agreement.
IN WITNESS WHEREOF, the parties, intending to be legally bound, have each executed this agreement as of the effective date.
Signed, sealed and delivered on behalf of Employer
Name: [INSERT NAME OF THE EMPLOYER/SIGNING AUTHORTIY AND DESIGNATION]
Signature:
Date: [INSERT SIGNING DATE OF THE EMPLOYER]
Signed, sealed and delivered on behalf of Employee
Name: [INSERT NAME OF THE EMPLOYEE]
Signature:
Date: [INSERT SIGNING DATE OF THE EMPLOYEE]