ANTHONY STAFFING PARTNERS hereinafter referred to as “Agency” which expression
shall where the context so admits include its personal representatives and assigns) on the first
…………………………………….. hereinafter referred to as “Client” which expression shall
where the context so admits include its/his/her successors and assigns) of the other part.
Agency is desirous of entering into a Contract with Client which will automatically become a
legally binding contract.
1.1 Agency is tasked with sourcing, vetting, prioritizing and organizing candidates per the
Client’s need. Client may request specific conditions be met by the candidates before they are
screened or brought in house for on-site interviews by the Client. Agency is tasked with
fulfilling all requests of the Client as stated in written format (email, or otherwise).
1.2 Agency is required to present a minimum of one (1) candidate per one (1) role given to the
agency for fulfillment. Upon selection of a Client, the Client can request follow up interviews as
needed (phone, in person, secondary in person, etc).
1.3 Client will have a maximum of 1 week upon first contact with the candidate to deem whether
said candidate will be considered for hire by the Client or be declined. Should they be declined,
this information must be given to the agency immediately so that the agency can utilize the
prospective candidate for other potential Clients.
1.4 Once the Client has chosen a specific candidate, the Client must notify the agency first prior
to notifying the Client of their selection for hire, and the rate of pay must be disclosed via email
in written form to the Agency so that arrangements for proper agreed terms can be made between
Agency and Client.
1.5 Client will pay for services rendered by way of a one-time (non-ongoing) payment per
candidate placement, made to the agency of no less than 20% of the total gross estimated annual
earnings of the candidate placement hired by the client. This fee is to be calculated based on a
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2,080-hour work year. Per Contract to contract terms, 5% of the first-year salary is due up front
as a retainer, 10% is due when we produce a shortlist of potential candidates, and 5% is due
when a hire is complete.
1.6 Both parties are in Contract that this fee is to be delivered to the agency no later than 14 days
after the official start date of the candidate.
1.7 Agency and Client agrees that there will be a 60 (sixty) day guarantee.
1.8 Agency and Client agree that there will be no soliciting candidates that were submitted to
Client for consideration for a period of 1 (one) year.
Client agrees to indemnify, defend and hold harmless the Agency from any claim or demand,
including reasonable attorneys’ fees, made by any third-party due to or arising out of your
breach of this contract or the documents they incorporate by reference, or your violation of any
law or the rights of a third-party.
In the event that any provision of this contract is determined to be unlawful, void or
unenforceable, such provision shall nonetheless be enforceable to the fullest extent
permitted by applicable law, and the unenforceable portion shall be deemed to be severed
from this contract, such determination shall not affect the validity and enforceability of any
other remaining provisions.
4. GUARANTEE CLAUSE
The agency guarantees its candidates to the client by way of a 15-day guarantee clause. This
means that should any candidate leave or vacate or otherwise “quit” their employment with the
client, the agency will backfill this position with another equally qualified candidate within a
reasonable time frame. This allows for a 15-day window of opportunity to guarantee that the
employee is steady and stable in their new role without issue.
5. CANDIDATE ENGAGEMENT / OWNERSHIP CLAUSE
5.1 Upon execution of this contract, the agency is immediately tasked with sourcing candidates
for the positions provided by the client. The agency retains “consent to represent” otherwise
known as “ownership” and or credit for engaging with any given candidate prior to any form of
engagement with the client itself. Meaning, if the agency finds and interacts with any given
candidate, that candidate is a represented candidate of the agency and if hired, will be a billable
candidate by terms of this Contract.
5.2 This engagement clause guarantees that any candidate that applies or otherwise engages with
the agency prior to the client is material property of the agency for purposes of representation,
candidacy, hire-ability and fee collection. The opposite and equal terms remain true for the
client. If a candidate engages and or applies with the client prior to application or engagement in
any format with the agency, the candidate will be classified as material ownership of the client
for purposes of representation, candidacy, hire-ability and ultimately a non-fee collection upon
their potential hiring.
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5.3 Engagement and interaction resulting in candidate “ownership” or “rights to candidate”
include but are not limited to initial digital conversations (emails, texts, phone calls, in person
interactions such as face to face interviews and express application via any form of
advertisement online or elsewhere.
5.4 This clause, if necessary is to be qualified by either party (agency or client), providing
genuine proof via any evidence necessary of whom engaged with any given candidate first. If
this matter becomes greater than workable between the agency and the client, the matter is to be
settled via Arbitration in accordance with Missouri state law, by an official arbitrator.
6. DISPUTE RESOLUTION
Should any dispute arise between the parties with regard to the interpretation, rights, obligations
and/or implementation of any one or more of the provisions of this Contract, the parties shall in
the first instance attempt to resolve such dispute by amicable negotiations.
7. INTENTION TO BE BOUND
Each of the parties hereby agrees and confirms for the purposes of the Law of Contract that it has
executed this Contract with the intention of binding himself/ herself fully to the contents hereof.
Failure to honor the terms of this Contract by any of the parties automatically terminates this
IN WITNESS WHEREOF this Contract has been duly executed by the parties hereto the day
and year first herein before written.