This Employment Agreement (this "Agreement") is made effective as of [today], by and between ABA PROTECTION Inc. herein referred to as " EMPLOYER" with its principal office in Santa Clarita, California 91380 (P.O. Box 802063) and [your name] herein referred to as “EMPLOYEE”
A. ABA PROTECTION Inc. is engaged in the business of Security Guard/Unarmed and Armed security guard officers/ Event Staff Services to large and small commercial, industrial and residential clients.
B. ABA PROTECTION Inc. desires to have the services of EMPLOYEE
C. EMPLOYEE is an at will employee of ABA PROTECTION Inc. Either party is able to terminate the employment agreement at any time.
Therefore, the parties agree as follows:
1. EMPLOYMENT. ABA PROTECTION Inc.shall employ EMPLOYEE as a Security Guard. EMPLOYEE is required to perform the following duties and undertake the following responsibilities in a professional manner. (a) - Follow Post Orders for the post that you are assigned (b) – Write and Submit Daily Activity Reports “DAR” (c) – Take 30 minutes Lunch and proper breaks (d) – Wear ABA uniform and be punctual (e) Other duties as may arise from time to time and as may be assigned to the EMPLOYEE. EMPLOYEE accepts and agrees to such employment, and agrees to be subject to the general supervision, advice and direction of ABA PROTECTION Inc.and ABA PROTECTION Inc.'s supervisory personnel.
2. BEST EFFORTS OF EMPLOYEE.EMPLOYEE agrees to perform faithfully and to the best of his / her ability, experience, and talents, all of the duties that may be required by the express and implicit terms of this Agreement, to the reasonable satisfaction of ABA PROTECTION Inc.. Such duties shall be provided at such place(s) as the needs, business, or opportunities of ABA PROTECTION Inc. may require from time to time.
3. COMPENSATION OF EMPLOYEE. As compensation for the services provided by EMPLOYEE under this Agreement, ABA PROTECTION Inc.will pay EMPLOYEE hourly. The hourly rate is to be paid only for services actually rendered while EMPLOYEE is actually employed by ABA PROTECTION Inc. This amount shall be paid in accordance with ABA PROTECTION Inc.'s usual payroll procedures and subject to applicable federal, state, and local withholding. It is understood and acknowledged that the pay dates can and will be changing from year to year. The current Pay Dates are published here: Current Pay Dates Upon termination of this Agreement, payments under this paragraph shall cease; provided, however, that EMPLOYEE shall be entitled to payments for periods or partial periods that occurred prior to the date of termination and for which EMPLOYEE has not yet been paid, and for any commission earned in accordance with ABA PROTECTION Inc.'s customary procedures, if applicable. This section of the Agreement is included only for accounting and payroll purposes and should not be construed as establishing a minimum or definite term of employment.
4. WORKING HOURS EMPLOYEE is responsible for keeping track of his/her working hours using www.guards.abaprotection.com By clicking the button "Clock In" EMPLOYEE confirms that he/she is currently at the assigned post wearing ABA PROTECTION uniform and complaint with post orders. Employees falsifying time or labor are subject to company disciplinary action and possible civil and/or criminal liabilities ABA PROTECTION Inc. reserves the right to prosecute any employees in civil or criminal court that commit fraud.
5. MEAL BREAKS EMPLOYEE understands and agrees that the nature of his/her work as Security Guard prevents him/her from being relieved of all duties and requires him/her to remain on-duty during meal periods. EMPLOYEE voluntarily agrees to work an on-duty meal period.EMPLOYEE understands that any on-duty meal period is to be recorded on his/her time records as time worked, and that EMPLOYEE will be paid for such time. EMPLOYEE further understands that he/she will be given the opportunity to eat a meal while on duty. Finally, EMPLOYEE understands that he/she may revoke this Section of the Agreement at any time by providing written notice in advance to ABA PROTECTION Inc.
6. CONFIDENTIALITY. EMPLOYEE recognizes that ABA PROTECTION Inc. has and will have information regarding the following: - products - product design - processes - technical matters - trade secrets - copyrights - customer lists - prices - business affairs - future plans and other vital information items (collectively, "Information") which are valuable, special and unique assets of ABA PROTECTION Inc. EMPLOYEE agrees that he/she will not at any time or in any manner, either directly or indirectly, divulge, disclose, or communicate any Information to any third party without the prior written consent of ABA PROTECTION Inc. EMPLOYEE will protect the Information and treat it as strictly confidential. A violation by EMPLOYEE of this paragraph shall be a material violation of this Agreement and will justify legal and/or equitable relief.
7. UNAUTHORIZED DISCLOSURE OF INFORMATION. If it appears that EMPLOYEE has disclosed (or has threatened to disclose) Information in violation of this Agreement, ABA PROTECTION Inc. shall be entitled to an injunction to restrain EMPLOYEE from disclosing, in whole or in part, such Information, or from providing any services to any party to whom such Information has been disclosed or may be disclosed. ABA PROTECTION Inc. shall not be prohibited by this provision from pursuing other remedies, including a claim for losses and damages.
8. CONFIDENTIALITY AFTER TERMINATION OF EMPLOYMENT. The confidentiality provisions of this Agreement shall remain in full force and effect for a period of 5 years after the voluntary or involuntary termination of EMPLOYEE’s employment. During such period, neither party shall make or permit the making of any public announcement or statement of any kind that EMPLOYEE was formerly employed by or connected with ABA PROTECTION Inc.
9. EMPLOYEE'S INABILITY TO CONTRACT FOR EMPLOYER. EMPLOYEE shall not have the right to make any contracts or commitments for or on behalf of ABA PROTECTION Inc. without first obtaining the express written consent of ABA PROTECTION Inc.
10. TERM/TERMINATION. EMPLOYEE’s employment under this Agreement shall be for an unspecified term on an "at will" basis. This Agreement may be terminated by ABA PROTECTION Inc. at any time and by EMPLOYEE upon 14 days written notice.
11. Probation Period: It is understood and agreed that the first ninety days of employment shall constitute a probationary period during which period the EMPLOYER may, in its absolute discretion, terminate the EMPLOYEE’s employment, for any reason without notice or cause.
12. TERMINATION FOR DISABILITY. ABA PROTECTION Inc. shall have the option to terminate this Agreement, if EMPLOYEE becomes permanently disabled and is no longer able to perform the essential functions of the position with reasonable accommodation. ABA PROTECTION Inc. shall exercise this option by giving EMPLOYEE 10 day written notice.
13. COMPLIANCE WITH EMPLOYER'S RULES. EMPLOYEE agrees to comply with all of the rules and regulations of ABA PROTECTION Inc.
14. RETURN OF PROPERTY. Upon termination of this Agreement, EMPLOYEE shall deliver to ABA PROTECTION Inc. all property which is ABA PROTECTION Inc.'s property or related to ABA PROTECTION Inc.'s business (including keys, uniform, records, notes, data, memoranda, models, and equipment) that is in EMPLOYEE’s possession or under EMPLOYEE’s control.
15. NOTICES. All notices required or permitted under this Agreement shall be in writing and shall be deemed delivered when delivered in person or on the third day after being deposited in the United States mail, postage paid, addressed as follows: Such addresses may be changed from time to time by either party by providing written notice in the manner set forth above.
16. ENTIRE AGREEMENT. This Agreement contains the entire agreement of the parties and there are no other promises or conditions in any other agreement whether oral or written. This Agreement supersedes any prior written or oral agreements between the parties.
17. AMENDMENT. This Agreement may be modified or amended, if the amendment is made in writing and is signed by both parties.
18. SEVERABILITY. If any provisions of this Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid or enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.
19. WAIVER OF CONTRACTUAL RIGHT. The failure of either party to enforce any provision of this Agreement shall not be construed as a waiver or limitation of that party's right to subsequently enforce and compel strict compliance with every provision of this Agreement.
20. APPLICABLE LAW. This Agreement shall be governed by the United States laws.
There is no recognized Code of Ethics for Security Personnel. However, with the increased importance and scrutiny of security officers, a study by the federal government proposed this code, a set of guidelines by which all security officers act:
In recognition of the significant contribution of private security to crime prevention and reduction, as a private security employee, I pledge:
1. To accept the responsibilities and fulfill the obligations of my role: protecting life and property preventing and reducing crimes against my employer’s business, or other organizations and institutions to which I am assigned upholding the law and respecting the constitutional rights of all persons.
2. To conduct myself with honesty and integrity and to adhere to the highest moral principles in the performance of my security duties.
3. To be faithful, diligent, and dependable in the discharge of my duties, and to uphold always the laws, policies, and procedures that protect the rights of others
4.To observe the precepts of truth, accuracy and prudence, without allowing personal feelings, prejudices, animosities or friendships to influence my judgments.
5.To report to my superiors, without hesitation, any violation of the law or of my employer’s or client’s regulations.
6.To respect and protect the confidential and privileged information of my employer or client beyond the term of my employment, except where they are contrary to law or this Code of Ethics.
7.To cooperate with all recognized and responsible law enforcement and government agencies in matters within their jurisdiction.
8.To accept no compensation, commission, gratuity, or other advantage without the knowledge and consent of my employer.
9.To conduct myself professionally always, and to perform my duties in a manner that reflects credit upon myself, my employer, and private security.
10. To strive continually to improve my performance by seeking training and educational opportunities that will better prepare me for my private security duties.
Report of the Task Force on Private Security, Washington, D.C.: U.S.Government Printing Office
I hereby agree, upon a request made under the drug/alcohol testing policy of ABA Protection Inc to submit to a drug or alcohol test and to furnish a sample of my urine, breath, and/or blood for analysis. I understand and agree that if I at any time refuse to submit to a drug or alcohol test under company policy, or if I otherwise fail to cooperate with the testing procedures, I will be subject to immediate termination. I further authorize and give full permission to have ABA Protection Inc and/or its company physician send the specimen or specimens so collected to a laboratory for a screening test for the presence of any prohibited substances under the policy, and for the laboratory or other testing facility to release any and all documentation relating to such test to ABA Protection Inc and/or to the decision-maker of any governmental entity involved in a legal proceeding or investigation connected with the test. Finally, I authorize the ABA Protection Inc to disclose any documentation relating to such test to the decision-maker of any governmental entity involved in a legal proceeding or investigation connected with the test.
I understand that only duly-authorized ABA Protection Inc officers, employees, and agents will have access to information furnished or obtained in connection with the test; that they will maintain and protect the confidentiality of such information to the greatest extent possible; and that they will share such information only to the extent necessary to make employment decisions and to respond to inquiries or notices from government entities.
I will hold harmless ABA Protection Inc, its company physician, and any testing laboratory ABA Protection Inc might use, meaning that I will not sue or hold responsible such parties for any alleged harm to me that might result from such testing, including loss of employment or any other kind of adverse job action that might arise as a result of the drug or alcohol test, even if a ABA Protection Inc or laboratory representative makes an error in the administration or analysis of the test or the reporting of the results. I will further hold harmless the ABA Protection Inc, its company physician, and any testing laboratory the ABA Protection Inc might use for any alleged harm to me that might result from the release or use of information or documentation relating to the drug or alcohol test, as long as the release or use of the information is within the scope of this policy and the procedures as explained in the paragraph above.
This policy and authorization have been explained to me in a language I understand, and I have been told that if I have any questions about the test or the policy, they will be answered. I UNDERSTAND THAT THE ABA PROTECTION INC WILL REQUIRE A DRUG SCREEN AND/OR ALCOHOL TEST UNDER THIS POLICY WHENEVER I AM INVOLVED IN AN ON-THE-JOB ACCIDENT OR INJURY UNDER CIRCUMSTANCES THAT SUGGEST POSSIBLE INVOLVEMENT OR INFLUENCE OF DRUGS OR ALCOHOL IN THE ACCIDENT OR INJURY EVENT, AND I AGREE TO SUBMIT TO ANY SUCH TEST.
Please read this End-User License Agreement ("Agreement") carefully before checking the box the "I Accept End-User License Agreement", downloading or using ABA PROTECTION Inc. Web Application ("Application").
By checking the box the "I Accept End-User License Agreement", downloading or using the Application, you are agreeing to be bound by the terms and conditions of this Agreement.
This Agreement is a legal agreement between you (either an individual or a single entity) and ABA PROTECTION Inc. and it governs your use of the Application made available to you by ABA PROTECTION Inc.
If you do not agree to the terms of this Agreement, do not click on the "I Agree" button and do not download or use the Application.
The Application is licensed, not sold, to you by ABA PROTECTION Inc. for use strictly in accordance with the terms of this Agreement.
License ABA PROTECTION Inc. grants you a revocable, non-exclusive, non-transferable, limited license to download, install and use the Application solely for your personal, non-commercial purposes strictly in accordance with the terms of this Agreement.
Restrictions You agree not to, and you will not permit others to:
Intellectual Property The Application, including without limitation all copyrights, patents, trademarks, trade secrets and other intellectual property rights are, and shall remain, the sole and exclusive property of ABA PROTECTION Inc.
Third-Party Services The Application may display, include or make available third-party content (including data, information, applications and other products services) or provide links to third-party websites or services ("Third-Party Services").
You acknowledge and agree that ABA PROTECTION Inc shall not be responsible for any Third-Party Services, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect thereof. xxx does not assume and shall not have any liability or responsibility to you or any other person or entity for any Third-Party Services.
Third-Party Services and links thereto are provided solely as a convenience to you and you access and use them entirely at your own risk and subject to such third parties' terms and conditions.
Term and Termination This Agreement shall remain in effect until terminated by you or ABA PROTECTION Inc
ABA PROTECTION Inc. may, in its sole discretion, at any time and for any or no reason, suspend or terminate this Agreement with or without prior notice.
This Agreement will terminate immediately, without prior notice from ABA PROTECTION Inc, in the event that you fail to comply with any provision of this Agreement. You may also terminate this Agreement by deleting the Application and all copies thereof from your mobile device or from your computer.
Upon termination of this Agreement, you shall cease all use of the Application and delete all copies of the Application from your mobile device or from your computer.
Termination of this Agreement will not limit any of ABA PROTECTION Inc. rights or remedies at law or in equity in case of breach by you (during the term of this Agreement) of any of your obligations under the present Agreement.
Indemnification You agree to indemnify and hold ABA PROTECTION Inc and its parents, subsidiaries, affiliates, officers, employees, agents, partners and licensors (if any) harmless from any claim or demand, including reasonable attorneys' fees, due to or arising out of your: (a) use of the Application; (b) violation of this Agreement or any law or regulation; or (c) violation of any right of a third party.
No Warranties The Application is provided to you "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, ABA PROTECTION Inc, on its own behalf and on behalf of its affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Application, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, ABA PROTECTION Inc provides no warranty or undertaking, and makes no representation of any kind that the Application will meet your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.
Without limiting the foregoing, ABA PROTECTION Inc makes no representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Application, or the information, content, and materials or products included thereon; (ii) that the Application will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Application; or (iv) that the Application, its servers, the content, or e-mails sent from or on behalf of ABA PROTECTION Inc are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components
Limitation of Liability To the maximum extent permitted by applicable law, in no event shall ABA PROTECTION Inc or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, for loss of data or other information, for business interruption, for personal injury, for loss of privacy arising out of or in any way related to the use of or inability to use the Application, third-party software and/or third-party hardware used with the Application, or otherwise in connection with any provision of this Agreement), even if ABA PROTECTION Inc. or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.
Severability If any provision of this Agreement is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
Waiver Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Agreement shall not effect a party's ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute waiver of any subsequent breach.
For U.S. Government End Users The Application and related documentation are "Commercial Items", as that term is defined under 48 C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation", as such terms are used under 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. In accordance with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein.
Export Compliance You may not export or re-export the Application except as authorized by United States law and the laws of the jurisdiction in which the Application was obtained.
In particular, but without limitation, the Application may not be exported or re-exported (a) into or to a nation or a resident of any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person's List or Entity List.
By installing or using any component of the Application, you represent and warrant that you are not located in, under control of, or a national or resident of any such country or on any such list.
Amendments to this Agreement ABA PROTECTION Inc. reserves the right, at its sole discretion, to modify or replace this Agreement at any time. If a revision is material we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Application after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Application.
Governing Law The laws of the United States, excluding its conflicts of law rules, shall govern this Agreement and your use of the Application. Your use of the Application may also be subject to other local, state, national, or international laws.
This Agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Good.
Entire Agreement The Agreement constitutes the entire agreement between you and ABA PROTECTION Inc regarding your use of the Application and supersedes all prior and contemporaneous written or oral agreements.