Description & Services

Upon submission of this Agreement, the signee (hereafter “Client”) signifies their intent to purchase the direct-hire services of Workman Success Systems (hereafter “WSS”) through the Talent Mining — Diamond program.

Client Responsibilities

Client agrees to pay WSS for consulting and assistance in hiring one of the following positions:

• Executive Position – $6,000
  Administrative Position – $5,000

WSS Responsibilities

WSS agrees to provide the following services for Client:

1. Act as liaison between Client and candidates throughout the hiring process until employment start date.
   • Provide daily feedback about candidates via email.
   • Communicate as necessary with Client via phone calls/text messaging.
2. Screen candidates.
   • Write employment ad.
   • Post ad on multiple job boards through Wizehire (or other third party vendor platform).
   • Review candidate résumés daily.
3. Manage preliminary interviews and skills tests.
   • Lead online interviews through SparkHire (or other third-party vendor platform).
   • Conduct behavioral telephone interviews.
   • Administer and review personality assessments and skills tests (through third-party vendor platforms).
4. Schedule final interviews and any other necessary checks.
   • Schedule face-to-face interviews between candidates and Client (or Client’s team members).
   • Consult with Client and team members on appropriate interview questions and answers.
   • Debrief with Client and team members regarding candidate interview).
   • Conduct reference checks, employment verifications, and background checks where permitted by law.
5. Prepare for employee onboarding.
   • Deliver necessary onboarding paperwork to Client (including I-9, W-4, probationary forms and onboarding checklist).

Limitations and Expectations

Payment

Full payment of the consulting fee is due upon execution of this Agreement. This fee is nonrefundable. Once a candidate has been chosen, Client has one year to determine if the candidate is a good fit for their company. If Client releases the candidate within the year of the candidate’s start date, WSS agrees to find a replacement at no additional cost to the Client.

Confidentiality Statement

WSS and Client will not share data or information related to their respective businesses, including but not limited to the following: records, business processes, performance, sales, financial information, contracts, marketing, and technical data, as well as ideas and strategic concepts originated by the disclosing parties that have not been previously disclosed to the general public or to the receiving party with express permission. Each party covenants and agrees they shall hold in confidence and prevent the disclosure of all information that is received under this Agreement to any unauthorized persons. Client agrees that all written and oral material provided by WSS, its coaches, or its internal staff for client use is confidential and copyrighted information. Documents shared with Client may be customized with their company’s colors and logos; however, copyright information must stay in place on each document.

Anti-Discrimination Policy

WSS and its employees do not discriminate based on gender identity, age, race, sexual orientation, familial status, marital status, national origin, disability, religion, or any other class protected by law. WSS complies with all Utah state laws and US federal laws regarding employment discrimination.

Legal Disclaimer

Client agrees to abide by all local, state, and federal employment laws and guidelines. Client acknowledges that WSS is not an attorney and shall not provide legal advice. WSS recommends that Client consult with an attorney for any legal advice when necessary. Client agrees to hold WSS harmless for any legal issues or legal actions involving WSS that have been incurred or caused by Client.

If any provision of this Agreement is declared invalid or unenforceable by a court of competent jurisdiction, the remainder of the Agreement shall be valid and enforceable to the fullest extent permitted by law. The court may amend any provision of this Agreement to the least degree necessary to render it valid and enforceable.

This Agreement shall be governed and interpreted in accordance with Utah law. The parties agree that exclusive jurisdiction of any action arising under this Agreement shall be assigned to the Salt Lake County District Court or the United States District Court for the District of Utah. The parties shall submit themselves to the exclusive jurisdiction and venue of these courts and expressly waive any claim to challenge the jurisdiction or venue of the same.

If either party files a legal claim relating to any provision of this Agreement, the prevailing party shall be awarded the costs, expenses, and reasonable attorney fees incurred in the action.

Entire Agreement

This Agreement constitutes the entire agreement of the parties hereto, and all previous communications between the parties with reference to the subject matter of this Agreement, whether written or oral, are hereby canceled. No modification of this Agreement shall be binding upon either party unless such is in writing and duly signed by both parties.