SERVICE AGREEMENT FOR EMPLOYMENT AS A MANAGER OF A LODGE
This agreement made between __________________________ (Employer) of the ONE PART and _______________________________ (Manager) of the OTHER PART.
WHEREBY the Employer as the sole proprietor and licensed, of the boarding house at ________ known as ___________ agrees to employ and the Manager agrees to serve the Employer as the manager of the said boarding house upon and subject to the following terms and conditions, namely:
1. The several licences for running the said boarding house shall continue to be in the name of the Employer.
2. Until this agreement shall be determined under the provisions hereinafter contained the Manager shall serve the Employer as such manager as aforesaid and shall devote his whole time and attention to the business of the said boarding house and shall use his best endeavours to improve and extend the same and shall at all times faithfully, honestly and diligently discharge the duties of his office and in all respect comply with the lawful orders and instructions of the Employer.
3. The Manager shall be at liberty to receive all payments on behalf of the employer and give discharge for the same and shall out of the monies of the said business coming into his hands regularly and punctually pay in the name of the employer the several licence fees and the rents and all rates, taxes and other impositions paying in respect of the said boarding house as and when the same shall become due and shall meet all other disbursements of the said business.
4. The Manager shall be at liberty to employ and/or dismiss clerks, waiters, workmen and menials may be necessary for property-carrying on or conducting the said business.
5. The Employer shall provide proper books of account and the Manager shall duly and regularly cause entries to be made therein of all monies received and paid and of goods received in and delivered out and of the stock liquor and all other particulars and matters relating to the said business necessary to shoe correctly the dealing thereof and such books shall at all times be kept at the office room of the said boarding house at premises No.______ and be open to the inspection of the Employer and his authorised agents and the Manager shall give all informations and explanations with reference to such accounts and the said accounts and the said business which the Employer may require.
6. The Manager shall duly account for all monies received and disbursed by him in course of managing and conducting the said business and shall daily pay over all monies in hand to the Employer or by his direction to his bankers at such times and in such manner as the Employer shall direct retaining in hand only such sums as may be authorised by the Employer to be retained for the immediate and/or day-to-day requirements of the said business.
7. The Employer shall pay to the Manager for his services and by way of remuneration a sum equal to an (one-third)share of the net profits derived from the said business after allowing interest of __________ per cent annum on the capital employed therein and deducting bad and doubtful debts and all expenses, charges and outgoing of the said business, such remuneration to commence from the date of these presents but to become payable half-yearly on ______and on ______
Provided Always that in the event of the determination of this agreement otherwise than on any of the said half-yearly days there shall be paid to the Manager a proportionate part only of the said remuneration corresponding to the period that shall have elapsed since the date of the last account.
8. In order to ascertain the amount of the said remuneration the accounts of the said business shall be made up half-yearly by and under the direction of the Accountant of the Employer on _______ and on ______ and when so made up shall be accepted by the Employer and the Manager.
9. The Manager shall be entitled to determine this agreement by giving to the Employer _______ calendar months’ notice in writing of his desire to do so.
10. The Manager shall be allowed to occupy a room in the said boarding house free of rent and other charges and shall be provided with food, fuel, gas or other illuminant free of cost and shall be paid as part of the working expenses of the said business as monthly allowance of Rs.______ to his remuneration as aforesaid.
11. The Employer shall be entitled to determine this agreement either by giving a like notice of his desire or without notice in case at any time the manager shall be guilty of any disobedience or breach of any stipulation herein contained or of grave misconduct likely in the opinion of the Employer to injure the said business or prejudice the renewal of its licences.
12. This agreement shall be determined by the death or total incapacity of the business of either party if the Employer shall cease to carry on the said business.
13. The Manager shall conduct himself with propriety and sobriety and shall not accept from any person with whom the Employer has business relations or from any client or customs of the Employer and present, monetary or otherwise, without the consent of the Employer nor in any matter ask for or solicit any such present not accept or seek to obtain any secret commission.
14. The occupation of the boarding house by the Manager shall not create any tenancy thereof as between the parties hereto nor give the Manager any estate or interest in the same but such occupation shall be deemed to be that of an employee and on behalf of the Employer and the right of such occupation shall determine with the determination of his service.
15. Nothing herein contained shall constitute a partnership between the parties.
16. The Manager shall not for a period of _______ years after the determination of this agreement be either directly or indirectly engaged, concerned or interested in the business of a licensed victualler within a radius of _____ miles from the said boarding house.
IN WITNESS etc.
(Signature of both Parties)
