Exhibit 10.2
Form of Employment Agreement
EMPLOYMENT AGREEMENT
THIS EMPLOYMENT AGREEMENT ("Agreement") is entered into effective the
20th day of October, 2009, between Apollo Entertainment Group, Inc., a Florida
corporation ("Employer") and Xxxxxxxx X. Xxxxx, ("Employee").
It is agreed as follows:
1. Employment. Employer employs Employee, and Employee accepts
employment, upon the terms and conditions set forth in this Agreement.
2. Term. This Agreement begins on October 20th, 2009, and continues
until terminated by, either party in compliance with this Agreement's provisions
governing termination.
3. Compensation.
a. Salary. Employer will pay Employee a monthly salary of
Three Thousand ($3,000) during the term of this Agreement. The salary will be
paid in accordance with Employer's existing payroll policies for comparable
employees. Employee's compensation will be subject to prospective review by
Employer in its sole discretion.
b. Fringe Benefits. Employee may receive bonuses during the
term of employment as determined by Employer, in its sole discretion. Employee
will be entitled to participate in all other fringe benefit programs applicable
to comparable employees of Employer. Employer may amend, eliminate, or add to
the existing fringe benefit programs in its sole discretion.
4. Duties. Employee will be employed initially as President of
Employer, and in such additional or other capacities and offices as may be
assigned by Employer from time to time.
a. The President will have the general powers and duties of
supervision and management usually vested in the office of the President of the
Corporation. The President will not have authority execute any contracts on
behalf of the Corporation without the express written consent of the board of
directors.
5. Indemnification. The Company will indemnify the Employee to the
fullest extent permitted under the 2009 Florida Statutes, Chapter 607, titled,
"Corporations" Indemnification of officers, directors, employees and agents", as
amended.
6. Vacation Benefits. Employee is entitled to vacation periods with
full pay in accordance with established Employer policy. Vacation will be
scheduled by mutual agreement; however, Employee will be allowed sufficient
discretion in scheduling to assure the vacation benefit may be used. Any
vacation which is not used within the calendar year during which it is earned
will be forfeited.
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7. Expenses. During the term of employment, Employee is entitled to
reimbursement for reasonable business expenses incurred on behalf of Employer in
accordance with the policies and procedures established by Employer from time to
time. Compensation provided Employee under this Agreement takes into account
Employee's personal obligation to incur and pay certain additional expenses
required of Employee as an employee of Employer for which Employer is under no
obligation to reimburse Employee.
8. Employment at Will. This is an agreement for employment of
indefinite duration. The employment relationship may be terminated at will by
either party. Termination by either party must be made by written notice to the
other party given at least 14 days in advance of the termination date. Upon
termination, Employee will be paid accrued unpaid salary and accrued unused
vacation prorated in accordance with Employer's general policies and procedures.
9. Employer Business. All business revenues and fees produced or
transacted through the efforts of Employee are the sole property of Employer.
Employee will have no right to the business or to share in any revenues or fees
resulting from the conduct of the business other than the compensation provided
for in this Agreement.
10. Confidential Information.
a. Disclosure Prohibited. Employee acknowledges that, in the
course of this employment, Employee will become acquainted with confidential
information belonging to Employer. Employee may not, at any time during the
period of Employee's employment or thereafter, except as authorized in writing
by Employer, directly or indirectly, use, disclose, reproduce, or in any other
way publicly or privately disseminate any "Confidential Information" as defined.
b. Definition. "Confidential Information" means all
information not generally known to the public, which relates to the business of
Employer or any third parties doing business with Employer. By way of example,
confidential information includes, but is not limited to, information relating
to customers and customer lists, pricing, contracts, costs and other financial
information, merchandising and marketing techniques, inventions, plans
specifications, and products disclosed to or known by Employee in connection
with his employment by Employer.
11. Protection of Employer Property. All records, files, manuals, lists
of customers, blanks, forms, materials, supplies, computer programs, and other
materials furnished to Employee by Employer, used on its behalf, or generated or
obtained during the course of this employment remain the property of Employer.
Employee is only a holder of this property for the sole use and benefit of
Employer and will safely keep and preserve such property, except as consumed in
the normal business operation of Employer. Upon termination of this employment,
Employee will immediately deliver to Employer, or its authorized representative,
all of Employer's property, including all copies, remaining in Employee's
possession or control.
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12. Remedies. The parties recognize that irreparable injury will result
to Employer and its business and property if Employee breaches the covenant of
confidentiality contained in Section 10 of this Agreement. It is agreed that if
Employee breaches the covenant of confidentiality, Employer will be entitled to
an injunction to restrain further breach of that covenant by Employee or any of
Employee's partners, agents, employers and employees, or any persons acting for
or with Employee, in addition to any other remedies Employer may have.
13. Assignability. These contractual obligations of Employee are
personal and neither the rights nor obligations under this Agreement may be
assigned or transferred by Employee to any other person. This Agreement will
bind and benefit any successor of Employer, whether by merger, sale of assets,
reorganization or other form of business acquisition, disposition, or business
reorganization.
14. Amendment. This Agreement contains the entire understanding of the
parties. This Agreement may be changed only by a written document signed by
Employee and Employer.
15. Notices. All notices and other communications required or permitted
to be given by this Agreement must be in writing and must be given and will be
deemed received if and when either hand-delivered and a signed receipt is given,
or mailed by registered or certified U.S. mail, return receipt requested,
postage prepaid, and if to Employer to:
Apollo Entertainment Group, Inc.
0000 XX 00xx Xxx., Xxx X.
Xxxxxxxxxx, XX 00000
With a copy to:
Xxxxxxx X. Xxxxxx, Esq.
00000 X. 00xx Xxx.
Xxxxxxxxxx, XX 00000
and if to Employee to:
Xxxxxxxx Xxxxx
00000 Xxxx Xxxxxxx Xxxx Xxxxx, Xxx 000
Xxxxxxxx, XX 00000
Either party may change the address to which notice to it is to be addressed by
notifying the other party of the change.
16. Enforcement. This Agreement is to be construed in accordance with
the laws of the State of Florida. Any action arising in connection with this
Agreement must be brought in Palm Beach County, Florida. By this Agreement, the
parties confer jurisdiction over the subject matter of and parties to this
Agreement. The party who prevails in any such action will be entitled to an
award of the reasonable costs and attorneys' fees incurred in the action.
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IN WITNESS WHEREOF, the parties have executed this Agreement.
"EMPLOYER"
Apollo Entertainment, Group, Inc.,
a Florida corporation
By:
Xxxxxxx X. Xxxx
Its: Chief Executive Officer
"EMPLOYEE"
Xxxxxxxx X. Xxxxx
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