EXHIBIT 10.4
EMPLOYMENT AGREEMENT
This Agreement is made and effective this 1st day of October 2008 by The
Next Pop Star, Inc. , a Florida corporation, with its principal place of
business at 000 X. Xxxxxxxx Xxx. # 0000 Xxxxxxx, XX. 91502 ("TNPS"), and
Xxxxxxxx Xxxxxx, whose address is 0000 Xxxxxxxx Xxxx. X0 # 000 Xxxx Xxxxx, XX
00000 ("Xxxxxx")
WHEREAS, TNPS's primary business objective currently through its
subsidiary Famous Records Corp. consists of the production and distribution of
recorded music (the "Business");
WHEREAS, TNPS wishes to retain Xxxxxx, and Xxxxxx wishes to be retained
in such capacity and perform certain services for TNPS, to promote the interests
of the business;
NOW THEREFORE, in consideration of the promises contained herein, and
for other good and valuable consideration, the receipt and sufficiency of which
are acknowledged by each party, the parties, intending to be legally bound,
hereby agree as follows:
1. The above recitals are true and correct and incorporated herein by
reference.
2. TNPS hereby retains Xxxxxx as President and Xxxxxx hereby accepts
such engagement, under the conditions and requirements specified herein, as an
employee of TNPS, with such duties and responsibilities as may reasonably be
assigned pursuant to this Agreement.
3. Xxxxxx'x principal duties shall include such responsibilities as may
be reasonably designated by TNPS's Board of Directors to enhance and promote the
Business.
4. Xxxxxx shall work commencing from the signing of this agreement at
compensation of $ 3000 per month with TNPS providing suitable working
conditions.
5. Xxxxxx acknowledges that this Employment Agreement is "at will," and
the parties agree that this agreement may be terminated by either party upon two
(2) months written notice if "without cause" (for any reason whatsoever). TNPS
shall also have the right to terminate this agreement "for cause." For purposes
of this agreement, "cause" shall include the inability of Xxxxxx, through
sickness, absence or other incapacity, to perform the duties required under this
agreement for a period in excess of one (1) month; the refusal of Xxxxxx to
follow the directions of TNPS board of directors or executive officers;
dishonesty; theft; or conviction of a crime.
6. Xxxxxx acknowledges that she will have access to significant
Confidential and Propriety Information of TNPS including client and vendor
names, TNPS talent development services and techniques, and any information,
formula, pattern, compilation, program, device, method, technique, or process
that: (a) derives independent economic
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value, actual or potential, from not being generally known to, and not being
readily ascertainable by proper means by, other persons who can obtain economic
value from its disclosure or use; and (b) is the subject of efforts that are
reasonable under the circumstances to maintain its secrecy. Xxxxxx further
acknowledges that all such Confidential and Propriety Information is of unique
and great value to TNPS, and is essential to TNPS preservation of its Business
and goodwill. Accordingly, Xxxxxx agrees that all such Confidential and
Propriety Information will be acquired under circumstances giving rise to a duty
to maintain its secrecy or limit its use, and that Xxxxxx will not
misappropriate, or otherwise disclose (directly or indirectly) to any third
party without the written permission of TNPS, any such Confidential and
Propriety Information. In the event Xxxxxx is required to make disclosure
pursuant to any state or federal law or pursuant to proper court or similar
governmental order, Xxxxxx shall provide TNPS with at least twenty (20) days'
prior written notice of such required disclosure so that TNPS may take such
actions, as it may deem necessary or appropriate. This provision shall survive
termination of this agreement for a period of one (1) year.
7. Xxxxxx further agrees that any and all products, designs, talent
development techniques, art works and work product of any nature whatsoever
developed by Xxxxxx or anyone at TNPS, whether or not during working hours and
which has or may have applicability to any aspect of TNPS's Business, as
determined by TNPS in its sole discretion (collectively "Work Product"), shall
be the sole and exclusive property of TNPS, and Xxxxxx hereby irrevocably
conveys to TNPS all of Xxxxxx'x right, title and interest in and to all Work
Product which may be developed during her employ by TNPS.
8. Time is of the essence of this agreement. This agreement is made in
the State of Florida and shall be governed by Florida law. This is the entire
agreement between the parties and may not be modified or amended except by a
written document signed by the party against whom enforcement is sought. This
agreement may be signed in more than one counterpart (including by facsimile),
in which case each counterpart shall constitute an original of this agreement.
Any paragraph headings are for convenience only and are not intended to expand
or restrict the scope or substance of the provisions of this agreement. Wherever
used herein, the singular shall include the plural, the plural shall include the
singular, and pronouns shall be read as masculine, feminine or neuter as the
context requires. The provisions of this agreement shall be deemed severable, in
whole or in part. Any dispute arising out of or relating to this agreement will
be resolved in the courts of Broward County, Florida, and the prevailing party
shall be entitled to reasonable costs and attorney's fees. This agreement is a
personal services contract and may not be assigned by Xxxxxx without the prior
written consent of TNPS.
9. Nothing in this Agreement shall be construed or shall constitute a
partnership, joint venture, agency, or lessor-lessee relationship; but, rather,
the relationship established hereby is that of an employee of TNPS.
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IN WITNESS WHEREOF, the parties have executed this Agreement as of the date
first written above.
The Next Pop Star, Inc. Xxxxxxxx Xxxxxx
/s/ Xxxxxxxx Xxxxxx /s/ Xxxxxxxx Xxxxxx
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By: Xxxxxxxx Xxxxxx By: Xxxxxxxx Xxxxxx
President
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