SALES EMPLOYMENTAGREEMENT
Confidential

    THIS SALES EMPLOYMENT AGREEMENT (this “Agreement”) is by and between Civic Van Lines, Inc., DBA Shleppers Moving & Storage (the “Company”) and . (the "Employee").

Copies of this Agreement. This Agreement shall be executed either in duplicate or electronically, and both parties shall receive copies of the executed agreement. 

Employee’s Obligations under the Contract.  The Company shall provide the Employee with assignments (the “Assignments”) that require moving estimation services. Employee shall service these assignments by accurately assessing the customers’ needs and providing a detailed breakdown of those needs to the Company. Employee will use best efforts to secure the business under terms mutually agreed between Assignments and the Company.

Availability of Assignments.  The Company makes no guarantees as to the number of Assignments that will be provided to the Employee. The amount of work, and therefore the number of Assignments, is directly dependent on the number of customers that are willing to pay for the Company’s, or its clients', services. This is a non-exclusive relationship such that the Company may utilize other Employees or Contractors to perform Assignments. The Company and Employee acknowledge that it is in their mutual best interest to provide enough assignments to maximize revenue, but not more assignments than either the Company or its clients or the Employee can service. 

Compensation: Employee shall earn sales commissions only according to the commission calculations below. The Company shall pay the Employee a draw against commissions of $ /month, in two direct ACH payments on the 1st and the 15th of the month equal to half of the draw. Commissions will be calculated at the end of each month according to the formulas below, and the difference between the Employee’s commissions and draw will be sent via ACH or check by the 5th of the following month. Employee agrees to discontinue providing service if there is any dispute about compensation due or paid under this agreement, and that the Company's maximum liability to Employee under any circumstance cannot ever exceed one payment period.

Commission calculations will be determined as follows:

For Local jobs sold with a binding price, the commission will be % of the estimate.

For Local jobs sold on an hourly basis, the commission will be % of the final labor charges.

For Long Distance binding price jobs, the commission will be % of the estimate.

Commissions will be calculated according to the structure above at the end of each month.

If a job is changed such that the final contract amount is below the estimate in the base of binding jobs, then the Employee's commission rate will be based on the Final. 

Working Guidelines.  The Employee agrees that violation of the following may lead to the termination of this Agreement: 

  • The Employee must use best efforts to contact leads, provide estimates, and book jobs.
  • The Employee must provide feedback and/or reports to the Company about their efforts to perform this agreement.
  • The Employee must always speak in a professional manner when speaking with Company employees, representatives, affiliates, or clients, as determined by the Company in its sole discretion.  
  • Estimates must be provided promptly to Assignments.
  • The Employee will never engage in physical and/or verbal altercations with employees, customers, building management or any other person while providing services. 
  • The Employee will do all that is necessary to ensure customer satisfaction with the Moving Services.

Equipment. The Company shall have no obligation to furnish the Employee with any equipment, infrastructure, tools, technologies, or physical space pursuant to this agreement. To the extent that the Company elects to assist in providing such assets to the Employee to assist in the execution of this agreement, the parties expressly understand that no Company property shall become the property of the Employee, whether during the term of this agreement, or after its termination.

Term. This Agreement shall be for one month commencing on the commencement date herein and renew automatically unless terminated by either party prior to the end of the term.  The termination policy is set forth below.  

Termination & Forfeiture Provisions. This Agreement may be terminated by: 

Either party, in its sole discretion, with or without cause, at any time. If this agreement is terminated by either party, the Employee shall not be required to return its draws, nor shall the Company be obligated to pay any unpaid commissions that may become due if the agreement were not terminated. 

Notices. All Notices required under this Agreement shall be given by either party to the other, and shall be deemed to have been given upon the mailing of the notice in a sealed envelope by certified mail to the parties addresses as indicated on the last page of this Agreement. Notices may also be given by email, and deemed delivered and received, if the other party acknowledges receipt of notice. 

Waiver.  The failure of either party to enforce at any time any of the provisions of this Agreement, or to exercise any option which is herein provided or to require at any time performance by either party of any of the provisions hereof, shall in no way be construed as a waiver of such rights, nor shall it affect the validity of this Agreement or the rights of either party to enforce each and every provision. 

Relationship.  The Employee agrees to perform the Assignments herein as a commission-only sales employee. The Employee is not authorized to enter or commit the Company to any agreements, and the Employee shall not represent itself as a legal representative of the Company.

The following is also understood between the parties:

Employee may work from home or in a location of its choosing. Meetings between Company and Employee may be agreed upon, and pursuant to the equipment clause contained herein, The Company may, but shall not be obligated to, offer the use of its equipment.

Employee may provide its own tools and resources to accomplish its Assignments.

Breaks & Overtime: Employee Agrees to work up to 40 hours/week, but not more. No overtime hours are or ever will be allowed under any circumstance, without the prior written consent and authorization of the Company's President. Employee agrees to take all lunch breaks and other breaks as required by law, whether supervised or unsupervised, and with each term renewal of this Employment Agreement, affirms that all breaks have been taken as required by the governing law. Skipping required breaks is prohibited under this Agreement, and the Company shall have no liability for Employee's violation of this clause. Upon execution of this agreement, Employee further affirms and confirms receipt of the Company's Handbook, which is available in the office currently located at 7423 Varna Ave, North Hollywood, CA 91605, and available on the Company website and via email.

Proprietary Information.  Employee is forbidden from disclosing or making use of any of the Company’s proprietary information for public or private use outside of this Agreement.  Proprietary information includes, but is not limited to, sensitive information that is owned by the Company and which gives the Company certain competitive advantages, such as the Company’s customer information which includes but is not limited to customer contact information, job pricing and customer moving trends (“Proprietary Information”). 

Headings. The headings of sections in this Agreement are inserted for convenience of reference only and are not intended to be part of or to affect the meaning or interpretation of this Agreement.

Counterparts.  This Agreement may be executed in any number of counterparts and by the different Parties hereto on separate counterparts, each of which when so executed and delivered shall be an original but all of which shall together constitute the same agreement.  Delivery of an executed counterpart of a signature page of this Agreement by facsimile or other electronic transmission shall be effective as delivery of a manually executed counterpart of this Agreement.  This Agreement supersedes all other agreements, ordinances and/or resolutions dealing with terms and conditions of Employee’s relationship with the Company which are inconsistent with the terms of this Agreement.

Entire Agreement. This Agreement constitutes the entire agreement between the Parties. This Agreement supersedes any prior negotiations, agreements, or understandings.  This Agreement may not be amended, except in a writing signed by both Parties which refers to this Agreement.  This Agreement supersedes and replaces all prior or contemporaneous agreements, comments, or representations. Upon execution of this Agreement, Employee affirms and confirms that the Company has no liability to the Employee, for any reason known or unknown at the time of execution, and that any past liability the Employee may know of is absolved forever upon execution of this Agreement.  

Governing Law.  This agreement will be governed by and constructed in accordance with the laws of the state of California. The parties agree to waive their right to a jury trial. Regardless of the forum, neither party may recover punitive damages, damages for alleged pain and suffering nor shall either party be liable for consequential damages. Any conflicts between the parties must be taken to arbitration and or mediation before a trial. If the Company prevails in trial, Employee must pay for all the Company’s expenses incurred for its defense.  

Severability: In case any provision contained herein shall be deemed invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby and such provision shall be ineffective only to the extent of such invalidity, illegality or unenforceability.

We look forward to working with you!

 

Employee Details

 

 

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Signed by Shleppers Moving & Storage
Signed On: May 17, 2022


Signature Certificate
Document name: SHLEPPERS SALES EMPLOYMENT AGREEMENT
lock iconUnique Document ID: e2e51446d4f768621f30773b8a20a03c08f64337
Timestamp Audit
February 24, 2022 10:20 am PDTSHLEPPERS SALES EMPLOYMENT AGREEMENT Uploaded by Shleppers Moving & Storage - docs@shleppers-ca.com IP 45.49.139.219
February 24, 2022 10:27 am PDTEMPLOYEE DOCUMENTS - docs@shleppers-ca.com added by Michael Friedland - Michael@shleppers-ca.com as a CC'd Recipient Ip: 45.49.139.219
February 24, 2022 10:41 am PDTEMPLOYEE DOCUMENTS - docs@shleppers-ca.com added by Michael Friedland - Michael@shleppers-ca.com as a CC'd Recipient Ip: 45.49.139.219
February 24, 2022 11:27 am PDTEMPLOYEE DOCUMENTS - docs@shleppers-ca.com added by Michael Friedland - Michael@shleppers-ca.com as a CC'd Recipient Ip: 45.49.139.219
February 24, 2022 12:35 pm PDTEMPLOYEE DOCUMENTS - docs@shleppers-ca.com added by Michael Friedland - Michael@shleppers-ca.com as a CC'd Recipient Ip: 45.49.139.219
May 17, 2022 1:06 pm PDTEMPLOYEE DOCUMENTS - docs@shleppers-ca.com added by Shleppers Moving & Storage - docs@shleppers-ca.com as a CC'd Recipient Ip: 45.49.139.219