ENVIRA TRENDS, INC. EMPLOYMENT AGREEMENT
ENVIRA
TRENDS, INC.
EMPLOYMENT
AGREEMENT (this "Agreement"), dated effective as of August 1, 2009 by and
between Envira Trends, Inc, a Wyoming Corporation with its principal
office at 0000 Xxxx Xx., Xxxxx 000, Xxxxxxxx, XX 00000
(the
“Employer” or "Company") and Xxxxxxx Xxxxxxxxx ("Employee").
1. Employment. The
Company employs Employee as President and Employee accepts the employment,
subject to and in accordance with the terms and conditions of this
Agreement.
2. Term of Employment.
Employee's employment will begin on the date set forth above, and continue
indefinitely unless sooner terminated by the Company.
3. Compensation.
3.1.
Salary, Benefits and
Royalties. Employee’s compensation will consist of monetary payments
according to the following schedule:
3.1.1.
Monthly Salary. Employee's monthly salary will be ten thousand
dollars ($10,000), payable within five business days of the start of each
month. Payment for may be deferred and accrued until the Company
receives adequate funding to pay the monthly salary.
3.1.2.
Expenses. Employer agrees to pay all of Employee’s approved expenses
in connection with his duties as Chief Executive Officer. These
expenses shall include, but not be limited, to airfare, rental car, hotel and
meals associated with the production, distribution, and promotion of the
Company’s products and services.
3.1.3.
Benefits. Employee will be eligible for participation in the
Company’s executive benefits package when and if declared by the Board of
Directors including stock options and profit participation
plans.
4. Duties. Office.
Employee's duties will be determined by the Company Board of Directors and may
be increased or reduced at the Company's direction. If Employee is
elected or appointed a director or an officer of the Company during his
employment, Employee will serve in such office without further compensation. The
Company is not required by this Agreement to cause Employee's election or
appointment as a director or officer.
5. Part-Time Effort.
Employee shall not be required to devote his full time to the
business. Employee shall contribute his time and skills as is
reasonably necessary to promote the business in a successful and profitable
manner.
6. Waiver. No waiver of
any breach of this Agreement will be deemed to constitute a waiver of any
subsequent breach of the same or any other provision.
7. Severability. In the
event that any part of this Agreement, defined herein as a word, combination of
words, phrase, clause, sentence, subparagraph, paragraph, or any combination of
these communicative elements, are subsequently judged void and without effect,
then the surviving portions of the Agreement will remain binding and in effect
as if the voided portions had not been part of the Agreement.
8. Entire Agreement.
This Agreement constitutes the entire agreement of the parties, superseding in
all respects any and all prior proposals, negotiations, understandings and other
agreements, oral or written, between the parties.
9. Binding Effect and
Assignment. The Company's rights and obligations under this Agreement
will inure to the benefit of and be binding upon the Company's successors and
assignees. This is a personal service contract and cannot be assigned
by the Employee.
10. Indemnification. The
parties agree to indemnify and hold harmless each other, their affiliates,
partners, shareholders, directors, officers, agents, employees from against any
and all losses, claims, damages, expenses (including counsel fees) or
liabilities resulting from any actual or threatened legal actions arising out of
the negligence of either party in connection with their actions under and in
furtherance of this Agreement, whether or not either party or any other
indemnified party are named as party thereto. In case any such action shall be
brought against either party, the named party shall notify the other party of
the commencement thereof, the non-named party shall be entitled to participate
in (and, to the extent that it shall wish, to direct) the defense thereof at its
own expense, but such defense shall be conducted by counsel of recognized
standing.
11. Jurisdiction. The
laws of Wyoming, excluding any choice of law provisions, govern this
Agreement. The parties agree that the only forum for all litigation
that may be brought with respect to the terms of and the transactions and
relationships contemplated by this Agreement are courts of competent
jurisdiction residing in the State of Florida. The parties hereto
further consent to the jurisdiction of the appropriate state or federal court in
the State of Florida, City of Sarasota, either through arbitration or through
litigation, for the enforcement of such judgment against such assets of such
party.
13. Notices. Any notices
required or permitted to be given hereunder by either party to the other shall
be given in writing: (1) by personal delivery; (2) by electronic facsimile with
confirmation sent by United States first class registered or certified mail,
postage prepaid return receipt requested; (3) by bonded courier or by a
nationally recognized overnight delivery company; or (4) by United States first
class registered or certified mail, postage prepaid, return receipt requested,
in each case, addressed to the parties at the addresses noted below the
signatures of this Agreement.
IN
WITNESS WHEREOF, the parties have executed this Agreement by their signature or
the signature of their duly authorized representatives below.
|
Employer
Envira
Trends, Inc,
By:
/s/ Xxxxxxx Xxxxx, Xx.
Its:
Secretary
0000
Xxxx Xx., Xxxxx 000
Xxxxxxxx,
XX 00000
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Employee
Xxxxxxx
Xxxxxxxxx
/s/
Xxxxxxx Xxxxxxxxx
0000
Xxxx Xx., Xxxxx 000
Xxxxxxxx,
XX 00000
|
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