[{"data":1,"prerenderedAt":507},["ShallowReactive",2],{"document-personnel-and-equipment-agreement-D902":3},{"document":4,"label":21,"preview":11,"thumb":22,"thumb600":23,"description":5,"descriptionCustom":6,"apiDescription":5,"pages":8,"extension":10,"parents":24,"breadcrumb":28,"related":34,"customDescModule":169,"customdescription":6,"mdFm":170,"mdProseHtml":506},{"description":5,"descriptionCustom":6,"label":7,"pages":8,"size":9,"extension":10,"preview":11,"thumb":12,"svgFrame":13,"seoMetadata":14,"parents":15,"keywords":20},"PERSONNEL AND EQUIPMENT AGREEMENT This Personnel and Equipment Agreement (the \"Agreement\") is effective [DATE], BETWEEN: [FIRST PARTY NAME] (the \"Purchaser\"), a company organized and existing under the laws of the [State/Province] of [STATE/PROVINCE], with its head office located at: [YOUR COMPLETE ADDRESS] AND: [SECOND PARTY NAME] (the \"First Vendor\"), a company organized and existing under the laws of the [State/Province] of [STATE/PROVINCE], with its head office located at: [COMPLETE ADDRESS] AND: [THIRD PARTY NAME] (the \"Second Vendor\"), a company organized and existing under the laws of the [State/Province] of [STATE/PROVINCE], with its head office located at: [COMPLETE ADDRESS] WHEREAS pursuant to the amended and restated asset purchase agreement dated [DATE] (the «Asset Purchase Agreement»), the Vendors agreed to sell and the Purchaser agreed to purchase, as a going concern, the undertaking and substantially all of the assets relating to the Vendors' [SPECIFY] operations, subject to the terms and conditions set out in the Asset Purchase Agreement; WHEREAS pursuant to Section [NUMBER] of the Agreement, the Vendors are responsible for certain remediation work as described and subject to the terms and conditions set out in the Asset Purchase Agreement; WHEREAS in order to fulfill their covenant, the Vendors will require access to the Purchased Assets and the Purchased Business subsequent to the Closing Date; WHEREAS in order to fulfill its covenant, a Personnel and Equipment Agreement (the «Agreement») is required with respect to providing for the provision of certain equipment and facilities to the Vendors at the mining sites as well as the temporary services of selected personnel to enable the Vendors to perform their obligations under Sections [NUMBERS] of the Asset Purchase Agreement. NOW THEREFORE THIS AGREEMENT WITNESSES that in consideration of the premises and covenants and agreements herein contained the parties hereto agree as follows: DEFINITIONS In the absence of an indication to the contrary, expressions referred to as defined terms in this Agreement shall have the meaning provided in the Asset Purchase Agreement. ACCESS TO PREMISES The Vendors, their employees and agents shall have the right, at no cost, upon reasonable written notice to the Purchaser, to enter into and upon the Purchased Assets at all reasonable times for the purpose of fulfilling its obligations pursuant to Section [NUMBER] of the Asset Purchase Agreement. The access rights herein are granted on the conditions that the Vendors comply with the Purchaser's rules and not unduly obstruct or interfere with the operations of the Purchased Business. SERVICES TO BE PROVIDED Subject to Applicable [YOUR COUNTRY LAW], the Purchaser agrees, as an independent contractor, to arrange for or provide equipment, facilities and utilities, as well as temporary services of selected personnel to the Vendors (collectively «Services») in order to enable the Vendors to perform their obligations under Section [NUMBER] of the Asset Purchase Agreement. The Vendors shall pay for such Services in accordance with Section 4. PAYMENT OF COSTS The Vendors shall pay the Purchaser all of Purchaser's actual direct and indirect costs incurred for or in connection with the performance or supply of Services. Such costs for Services shall be determined and allocated in accordance with Section 5 in a manner consistent with the historical determination and allocation of costs associated with the operation of the Purchased Business. PURCHASER'S RECOVERY OF COSTS For the due performance of the Services to be performed by the Purchaser under this Agreement, the Vendors shall pay to the Purchaser at the time and in the manner provided in Section 6, the Purchaser's costs for employees' salaries, benefits and overhead, use of the Purchaser's equipment and facilities and costs and fees for services rendered by subsidiary or affiliated companies of the Purchaser incurred pursuant to this Agreement. For the purposes of this section 5 the term «Employees» shall mean employees of the Purchaser and any of its divisions, subsidiaries or affiliated companies. Subject to adjustments as hereinafter provided, said costs to be recovered by the Purchaser shall be equal to the aggregate of: [PERCENTAGE %] of Recoverable Salaries (calculated as hereinafter set out) of Employees of the Purchaser; and a rental fee for equipment services and use of facilities at a rate consistent with current mining industry practice. «Recoverable Salaries» for a given period («the Period») shall be calculated as follows: Time engaged in performance of tasks related to the Services during the Period Gross Salaries or Wages Total Time paid for, including overtime, during the Period, exclusive of statutory holidays The provision for cost recovery shall be amended from time to time by agreement between the parties if, in practice, it is found to be materially insufficient or excessive. The Purchaser shall provide the Vendors, for their approval, an estimate of the time for which the Employees of the Purchaser will be engaged in the performance of tasks related to the Services [NUMBER] days prior to the commencement of each calendar month",null,"Personnel and Equipment Agreement","5",59,"doc","https://templates.business-in-a-box.com/imgs/1000px/personnel-and-equipment-agreement-D902.png","https://templates.business-in-a-box.com/imgs/250px/902.png","https://templates.business-in-a-box.com/svgs/docviewerWebApp1.html?v6#902.xml",{"title":6,"description":6},[16,19],{"label":17,"url":18},"Legal Agreements","/templates/business-legal-agreements/",{"label":17,"url":18},"personnel equipment agreement","Personnel and Equipment Agreement Template","https://templates.business-in-a-box.com/imgs/400px/902.png","https://templates.business-in-a-box.com/imgs/600px/902.png",[25,16,19],{"label":26,"url":27},"Templates","/templates/",[29,30,31],{"label":26,"url":27},{"label":17,"url":18},{"label":32,"url":33},"Services & Consulting","/templates/services-and-consulting/",[35,39,43,47,51,55,59,63,67,71,75,79,83,98,111,127,139,157],{"label":36,"url":37,"thumb":38,"extension":10},"Equipment Lease Agreement","/template/equipment-lease-agreement-D1140","https://templates.business-in-a-box.com/imgs/250px/1140.png",{"label":40,"url":41,"thumb":42,"extension":10},"Equipment Purchase Agreement","/template/equipment-purchase-agreement-D1146","https://templates.business-in-a-box.com/imgs/250px/1146.png",{"label":44,"url":45,"thumb":46,"extension":10},"Equipment Loan Agreement","/template/equipment-loan-agreement-D12843","https://templates.business-in-a-box.com/imgs/250px/12843.png",{"label":48,"url":49,"thumb":50,"extension":10},"Equipment Maintenance Agreement","/template/equipment-maintenance-agreement-D1144","https://templates.business-in-a-box.com/imgs/250px/1144.png",{"label":52,"url":53,"thumb":54,"extension":10},"Equipment Sales Agreement","/template/equipment-sales-agreement-D1147","https://templates.business-in-a-box.com/imgs/250px/1147.png",{"label":56,"url":57,"thumb":58,"extension":10},"Equipment Use Agreement","/template/equipment-use-agreement-D12844","https://templates.business-in-a-box.com/imgs/250px/12844.png",{"label":60,"url":61,"thumb":62,"extension":10},"Repurchase Agreement Equipment","/template/repurchase-agreement-equipment-D1153","https://templates.business-in-a-box.com/imgs/250px/1153.png",{"label":64,"url":65,"thumb":66,"extension":10},"Equipment Lease Agreement Long","/template/equipment-lease-agreement-long-D1141","https://templates.business-in-a-box.com/imgs/250px/1141.png",{"label":68,"url":69,"thumb":70,"extension":10},"Equipment Lease Agreement Short","/template/equipment-lease-agreement-short-D1142","https://templates.business-in-a-box.com/imgs/250px/1142.png",{"label":72,"url":73,"thumb":74,"extension":10},"Equipment Placement Agreement","/template/equipment-placement-agreement-D773","https://templates.business-in-a-box.com/imgs/250px/773.png",{"label":76,"url":77,"thumb":78,"extension":10},"Equipment Lease Agreement With Option to Purchase","/template/equipment-lease-agreement-with-option-to-purchase-D1143","https://templates.business-in-a-box.com/imgs/250px/1143.png",{"label":80,"url":81,"thumb":82,"extension":10},"Personnel Security Policy","/template/personnel-security-policy-D14029","https://templates.business-in-a-box.com/imgs/250px/14029.png",{"description":84,"descriptionCustom":6,"label":85,"pages":86,"size":87,"extension":10,"preview":88,"thumb":89,"svgFrame":90,"seoMetadata":91,"parents":92,"keywords":96,"url":97},"INDEPENDENT CONTRACTOR AGREEMENT This Independent Contractor Agreement (\"Agreement\") is made and effective [Date], BETWEEN: [INDEPENDENT CONTRACTOR NAME] (the \"Independent Contractor\"), a company organized and existing under the laws of the [State/Province] of [STATE/PROVINCE], with its head office located at: [COMPLETE ADDRESS] AND: [YOUR COMPANY NAME] (the \"Company\"), a company organized and existing under the laws of the [State/Province] of [STATE/PROVINCE], with its head office located at: [YOUR COMPLETE ADDRESS] RECITALS Independent Contractor is engaged in providing [Describe] business services, its Employer Tax I.D. Number is [Insert], and its Business License Number is [insert]. Independent Contractor has complied with all Federal, State, and local laws regarding business permits, sales permits, licenses, reporting requirements, tax withholding requirements, and other legal requirements of any kind that may be required to carry out said business and the Scope of Work which is to be performed as an Independent Contractor pursuant to this Agreement. Independent Contractor is or remains open to conducting similar tasks or activities for clients other than the Company and holds themselves out to the public to be a separate business entity. Company desires to engage and contract for the services of the Independent Contractor to perform certain tasks as set forth below. Independent Contractor desires to enter into this Agreement and perform as an independent contractor for the company and is willing to do so on the terms and conditions set forth below. NOW, THEREFORE, in consideration of the above recitals and the mutual promises and conditions contained in this Agreement, the Parties agree as follows: TERMS This Agreement shall be effective commencing [Date], and shall continue until terminated at the completion of the Scope of Work which shall occur no later than [Date] or by either party as otherwise provided herein. STATUS OF INDEPENDENT CONTRACTOR This Agreement does not constitute a hiring by either party. It is the parties intentions that Independent Contractor shall have an independent contractor status and not be an employee for any purposes, including, but not limited to, [laws]. Independent Contractor shall retain sole and absolute discretion in the manner and means of carrying out their activities and responsibilities under this Agreement. This Agreement shall not be considered or construed to be a partnership or joint venture, and the Company shall not be liable for any obligations incurred by Independent Contractor unless specifically authorized in writing. Independent Contractor shall not act as an agent of the Company, ostensibly or otherwise, nor bind the Company in any manner, unless specifically authorized to do so in writing. TASKS, DUTIES, AND SCOPE OF WORK Independent Contractor agrees to devote as much time, attention, and energy as necessary to complete or achieve the following: [Describe]. The above to be referred to in this Agreement as the \"Scope of Work\". It is expected that the Scope of Work will completed by [Date]. Independent Contractor shall additionally perform any and all tasks and duties associated with the Scope of Work set forth above, including but not limited to, work being performed already or related change orders. Independent Contractor shall not be entitled to engage in any activities which are not expressly set forth by this Agreement. The books and records related to the Scope of Work set forth in this Agreement shall be maintained by the Independent Contractor at the Independent Contractor's principal place of business and open to inspection by Company during regular working hours. Documents to which Company will be entitled to inspect include, but are not limited to, any and all contract documents, change orders/purchase orders and work authorized by Independent Contractor or Company on existing or potential projects related to this Agreement. Independent Contractor shall be responsible to the management and directors of Company, but Independent Contractor will not be required to follow or establish a regular or daily work schedule. Supply all necessary equipment, materials and supplies. Independent Contractor will not rely on the equipment or offices of Company for completion of tasks and duties set forth pursuant to this Agreement. Any advice given Independent Contractors regarding the scope of work shall be considered a suggestion only, not an instruction. Company retains the right to inspect, stop, or alter the work of Independent Contractor to assure its conformity with this Agreement. ASSURANCE OF SERVICES Independent Contractor will assure that the following individuals (the \"Key Employees\") will be available to perform, and will perform, the Services hereunder until they are completed (identify by title and name as applicable): [Name of Key Employee, Title] [Name of Key Employee, Title] The Key Employees may be changed only with the prior written approval of the Company, which approval shall not be unreasonably withheld. COMPENSATION Independent Contractor shall be entitled to compensation for performing those tasks and duties related to the Scope of Work as follows: [Describe] Such compensation shall become due and payable to Independent Contractor in the following time, place, and manner: [Describe] NOTICE CONCERNING WITHHOLDING OF TAXES Independent Contractor recognizes and understands that it will receive a [specify tax] statement and related tax statements, and will be required to file corporate and/or individual tax returns and to pay taxes in accordance with all provisions of applicable Federal and State law. Independent Contractor hereby promises and agrees to indemnify the Company for any damages or expenses, including attorney's fees, and legal expenses, incurred by the Company as a result of independent contractor's failure to make such required payments. AGREEMENT TO WAIVE RIGHTS TO BENEFITS Independent Contractor hereby waives and foregoes the right to receive any benefits given by Company to its regular employees, including, but not limited to, health benefits, vacation and sick leave benefits, profit sharing plans, etc. This waiver is applicable to all non-salary benefits which might otherwise be found to accrue to the Independent Contractor by virtue of their services to Company, and is effective for the entire duration of Independent Contractor's agreement with Company. This waiver is effective independently of Independent Contractor's employment status as adjudged for taxation purposes or for any other purpose. Neither this Agreement, nor any duties or obligations under this Agreement may be assigned by either party without the consent of the other. TERMINATION This Agreement may be terminated prior to the completion or achievement of the Scope of Work by either party giving [number] days written notice. Such termination shall not prejudice any other remedy to which the terminating party may be entitled, either by law, in equity, or under this Agreement. NON-DISCLOSURE OF TRADE SECRETS, CUSTOMER LISTS AND OTHER PROPRIETARY INFORMATION Independent Contractor agrees not to disclose or communicate, in any manner, either during or after Independent Contractor's agreement with Company, information about Company, its operations, clientele, or any other information, that relate to the business of Company including, but not limited to, the names of its customers, its marketing strategies, operations, or any other information of any kind which would be deemed confidential, a trade secret, a customer list, or other form of proprietary information of Company. Independent Contractor acknowledges that the above information is material and confidential and that it affects the profitability of Company. ","Independent Contractor Agreement","6",62,"https://templates.business-in-a-box.com/imgs/1000px/independent-contractor-agreement-D160.png","https://templates.business-in-a-box.com/imgs/250px/160.png","https://templates.business-in-a-box.com/svgs/docviewerWebApp1.html?v6#160.xml",{"title":6,"description":6},[93],{"label":94,"url":95},"Consultant & Contractors","consulting-contractor-business","independent contractor agreement","/template/independent-contractor-agreement-D160",{"description":99,"descriptionCustom":6,"label":100,"pages":101,"size":102,"extension":10,"preview":103,"thumb":104,"svgFrame":105,"seoMetadata":106,"parents":108,"keywords":107,"url":110},"SUBCONTRACT AGREEMENT This Subcontract Agreement (the \"Agreement\") is made and effective this [Date], BETWEEN: [YOUR COMPANY NAME] (the \"Contractor\"), a company organized and existing under the laws of the [State/Province] of [STATE/PROVINCE], with its head office located at: [YOUR COMPLETE ADDRESS] AND: [SUBCONTRACTOR NAME] (the \"Subcontractor\"), a company organized and existing under the laws of the [State/Province] of [STATE/PROVINCE], with its head office located at: [COMPLETE ADDRESS] WHEREAS Contractor has entered into, or will hereafter enter into, a general construction contract, henceforth \"The Prime Contract\" with [General Contractor], to perform in accordance with various contract documents and specifications certain work prepared by [architect], henceforth \"Architect\", and/or to furnish labor, materials, supplies, labor and/or goods required to construct the following named and described construction project: [Describe], henceforth \"The Project\", located in [address], and WHEREAS Contractor desires to retain Subcontractor to perform certain contract work in accordance with various contract documents and specifications and/or to furnish labor, materials, supplies, labor and/or goods for The Project; NOW THEREFORE Contractor and Subcontractor agree as follows: SUBCONTRACT WORK Subcontractor shall be employed as an independent contractor and shall provide and furnish all labor, materials, tools, supplies, equipment, services, facilities, supervision, and administration necessary for the proper and complete performance and acceptance of the following portions of the work, hereinafter \"the Subcontract Work\", for the Project, together with such other portions of the drawings, specifications and addendum as related thereto: SEE EXHIBIT A: Scope, Conditions, And List of Attachments SUBCONTRACTOR PRICE In consideration of Subcontractor's performance of this Subcontract, and at the times and subject to the terms and conditions hereinafter set forth, Contractor shall pay to Subcontractor the total sum of [AMOUNT], hereinafter \"subcontract price.\" Said subcontract price is dependent upon the conditions set forth in Exhibit A being met. Should said conditions not be met, the subcontract amount shall be modified accordingly. SPECIAL CONDITIONS The Special Conditions to Subcontract are incorporated in this Subcontract as though fully set forth herein. Subcontractor hereby acknowledges receipt of the Special Conditions. COMMUNICATION AND NOTICE","Subcontract Agreement","4",513,"https://templates.business-in-a-box.com/imgs/1000px/subcontract-agreement-D172.png","https://templates.business-in-a-box.com/imgs/250px/172.png","https://templates.business-in-a-box.com/svgs/docviewerWebApp1.html?v6#172.xml",{"title":107,"description":6},"subcontract agreement",[109],{"label":94,"url":95},"/template/subcontract-agreement-D172",{"description":112,"descriptionCustom":6,"label":113,"pages":114,"size":102,"extension":10,"preview":115,"thumb":116,"svgFrame":117,"seoMetadata":118,"parents":120,"keywords":119,"url":126},"NON-DISCLOSURE AGREEMENT (NDA) This Non-Disclosure Agreement (the \"Agreement\") is made and effective [DATE], BETWEEN: [YOUR COMPANY NAME] (the \"Disclosing Party\"), a corporation organized and existing under the laws of the [State/Province] of [STATE/PROVINCE], with its head office located at: [YOUR COMPLETE ADDRESS] AND: [RECEIVING PARTY NAME] (the \"Receiving Party\"), an individual with his main address located at OR a corporation organized and existing under the laws of the [State/Province] of [STATE/PROVINCE], with its head office located at: [COMPLETE ADDRESS] WHEREAS, Receiving Party has been or will be engaged in the performance of work on [DESCRIBE]; and in connection therewith will be given access to certain confidential and proprietary information; and WHEREAS, Receiving Party and Disclosing Party wish to evidence by this Agreement the manner in which said confidential and proprietary material will be treated. NOW, THEREFORE, it is agreed as follows: NON-DISCLOSURE OF CONFIDENTIAL INFORMATION Both Parties understand and agree that each Party may have access to the confidential information of the other party. For the purposes of this Agreement, \"Confidential Information\" means proprietary and confidential information about the Disclosing Party's (or it's suppliers') business or activities. Such information includes all business, financial, technical, and other information marked or designated by such Party as \"confidential\" or \"proprietary.\" Confidential Information also includes information which, by the nature of the circumstances surrounding the disclosure, ought in good faith to be treated as confidential. For the purposes of this Agreement, Confidential Information does not include: Information that is currently in the public domain or that enters the public domain after the signing of this Agreement. Information a Party lawfully receives from a third Party without restriction on disclosure and without breach of a non-disclosure obligation. Information that the Receiving Party knew prior to receiving any Confidential Information from the Disclosing Party. Information that the Receiving Party independently develops without reliance on any Confidential Information from the Disclosing Party. Each Party agrees that it will not disclose to any third Party or use any Confidential Information disclosed to it by the other Party except when expressly permitted in writing by the other Party. Each Party also agrees that it will take all reasonable measures to maintain the confidentiality of all Confidential Information of the other Party in its possession or control. TERM The term of this Agreement is [number] of [years/months] from the date of execution by both Parties. TITLE The Receiving Party agrees that all Confidential Information furnished by the Disclosing Party shall remain the sole property of the Disclosing Party. DISCLAIMER","Non Disclosure Agreement Nda","3","https://templates.business-in-a-box.com/imgs/1000px/non-disclosure-agreement-nda-D12692.png","https://templates.business-in-a-box.com/imgs/250px/12692.png","https://templates.business-in-a-box.com/svgs/docviewerWebApp1.html?v6#12692.xml",{"title":119,"description":6},"non disclosure agreement nda",[121,123],{"label":17,"url":122},"business-legal-agreements",{"label":124,"url":125},"Confidentiality Agreements","confidentiality-agreement","/template/non-disclosure-agreement-nda-D12692",{"description":128,"descriptionCustom":6,"label":129,"pages":86,"size":102,"extension":10,"preview":130,"thumb":131,"svgFrame":132,"seoMetadata":133,"parents":135,"keywords":134,"url":138},"SERVICE AGREEMENT This SERVICE AGREEMENT (\"Agreement\") is effective [DATE], BETWEEN: [COMPANY NAME] (the \"Contractor\"), a company organized and existing under the laws of [STATE/PROVINCE], with its head office located at: [COMPLETE ADDRESS] AND: [COMPANY NAME] (the \"Customer\"), a company organized and existing under the laws of [STATE/PROVINCE], with its head office located at: [COMPLETE ADDRESS] (The Contractor and the Customer shall be individually referred to as a \"Party\" and collectively referred to as the \"Parties\", as the context may require). WHEREAS A. Contractor has experience and expertise in [DESCRIBE EXPERIENCE AND SERVICE]. B. Customer desires to have Contractor provide services for them. C. Contractor desires to provide services to Customer on the terms and conditions set forth herein (the \"Services\"). NOW THEREFORE, in consideration of the above recitals, the representations, warranties, and agreements contained in this Agreement and for other good and valuable consideration, the receipt and adequacy of which are now acknowledged, the Parties agree as follows: SERVICES PROVIDED Beginning on upon agreement to this contract, [CONTRACTOR] will provide to [CUSTOMER] the following service (collectively, the /Services\"): Description of the project: [DESCRIBE THE SERVICE REQUIRED]. SCOPE OF WORK Contractor agrees to provide Services pursuant to the Scope of Work set forth in Exhibit A attached hereto (the \"Scope of Work\"). TERM Unless both parties mutually agree on an extension, this contract will automatically terminate on [SPECIFY]. PERFORMANCE The parties agree to do everything possible to ensure that the terms of this Agreement take effect. PAYMENT FOR SERVICES In exchange for the Services rendered, a payment of [SPECIFY] will be made to the Contractor upon completion of the scheduled Services described in this Contract. If an invoice is not paid on the due date, interest will be added to the current balance. These amounts shall be payable, and the Customer shall pay all overdue amounts at the lesser of [SPECIFY] per cent per annum or the maximum percentage permitted by applicable law. Or Customer will pay Contractor as follows: [SPECIFY]. DELIVERY OF SERVICES The Contractor will exercise due diligence in the provision of services. However, the Customer acknowledges that the indicated delivery times and other payment milestones listed in Scope of Work are estimates and do not constitute final delivery dates. SECURITY The Contractor must make reasonable security arrangement to protect Material from unauthorized access, collection, use, alteration or disposal. OWNERSHIP RIGHT The Customer shall hold the copyright for the agreed version of the Services as delivered, and the Customer's copyright notice may be displayed in the final version. All works, ideas, discoveries, inventions, patents, products or other information that may be protected by copyright (collectively, the \"Work Product\" developed in whole or in part by the Contractor in connection with the Services, shall be the exclusive property of the Customer. Upon request, the Contractor shall execute all documents necessary to confirm or perfect the exclusive ownership of the Customer's \"Work Product\". The Contractor retains exclusive rights to pre-existing materials used in the Customer's projects. The Customer shall not have the right to reuse, resell or otherwise transfer material belonging to the contractor or third parties. The Contractor reserves the right to use the finished public product as an example of a product. RETURN OF PROPERTY Upon the expiry or termination of this Agreement, the Contractor will return to the Customer any property, documentation, records or Confidential Information which is the property of the Customer. COMPENSATION For all services rendered by the Contractor under this Agreement, the Customer shall indemnify the Contractor. In the event that the Customer fails to make any of the payments mentioned, the Contractor shall have the right, but shall not be obliged, to exercise any of the following remedies: ","Service Agreement","https://templates.business-in-a-box.com/imgs/1000px/service-agreement-D12711.png","https://templates.business-in-a-box.com/imgs/250px/12711.png","https://templates.business-in-a-box.com/svgs/docviewerWebApp1.html?v6#12711.xml",{"title":134,"description":6},"service agreement",[136,137],{"label":17,"url":122},{"label":17,"url":122},"/template/service-agreement-D12711",{"description":140,"descriptionCustom":6,"label":141,"pages":142,"size":102,"extension":10,"preview":143,"thumb":144,"svgFrame":145,"seoMetadata":146,"parents":148,"keywords":147,"url":156},"EMPLOYMENT AGREEMENT - AT WILL EMPLOYEE This Employment Agreement for \"At Will\" Employee (the \"Agreement\") is made and effective this [DATE], BETWEEN: [EMPLOYEE NAME] (the \"Employee\"), an individual with his main address at: [COMPLETE ADDRESS] AND: [YOUR COMPANY NAME] (the \"Corporation\"), an entity organized and existing under the laws of the [State/Province] of [STATE/PROVINCE], with its head office located at: [YOUR COMPLETE ADDRESS] RECITALS In consideration of the covenants and agreements herein contained and the moneys to be paid hereunder, the Corporation hereby employs the Employee and the Employee hereby agrees to perform services as an employee of the Corporation, on an \"at will\" basis, upon the following terms and conditions: APPOINTMENT The Employee is hereby employed by the Corporation to render such services and to perform such tasks as may be assigned by the Corporation. The Corporation may, in its sole discretion, increase or reduce the duties, or modify the title and job description, of the Employee from time to time, and any such increase, reduction or modification shall not be deemed a termination of this Agreement. ACCEPTANCE OF EMPLOYMENT Employee accepts employment with the Corporation upon the terms set forth above and agrees to devote all Employee's time, energy and ability to the interests of the Corporation, and to perform Employee's duties in an efficient, trustworthy and business-like manner. DEVOTION OF TIME TO EMPLOYMENT The Employee shall devote the Employee's best efforts and substantially all of the Employee's working time to performing the duties on behalf of the Corporation. The Employee shall provide services during the hours that are scheduled by the Corporation management. The Employee shall be prompt in reporting to work at the assigned time. NO CONFLICT OF INTEREST Employee shall not engage in any other business while employed by the Corporation. Employee shall not engage in any activity that conflicts with the Employees duties to the Corporation. Employee shall not provide any service or lend any aid or assistance to any party that competes with the services offered by the Corporation. Employee shall not provide any services to clients or prospective clients of the Corporation outside of the provision of services for the Corporation, whether such services are provided with or without compensation or remuneration. CORPORATION PROPERTY Employee acknowledges and agrees that while employed by the Corporation the Employee may be provided with use of computer equipment and other property of the Corporation. The use and possession of the such items shall be subject to any policies, requirements or restrictions established by the Corporation. Such items may only be used in performance of the Employee's duties for the corporation. On request of the Corporation, the Employee shall immediately deliver any such items to the Corporation. Upon termination of employment, Employee shall have the affirmative duty to return any such item to the Corporation whether a request is made or not. The obligation to return Corporation property shall extend and include any and all work product, client property, proprietary rights, intangible property, and all other property of the corporation regardless of the form or medium. COMPENSATION The Corporation shall pay the Employee such hourly compensation as determined by the Corporation. Payment shall be at the same time as the Corporations usual payroll to other employees. BONUS & BENEFITS Payment of any bonuses shall be at the complete discretion of the Corporation. No guarantee or representation that any bonuses will be paid has been made to the Employee. Standard benefits that are provided to other non-management employees shall be offered to the Employee, subject to the Corporation's policies and the terms and conditions of such benefits. WITHHOLDING All sums payable to Employee under this Agreement will be reduced by all federal, state, local, and other withholdings and similar taxes and payments required by applicable law. QUALIFICATIONS OF EMPLOYEE The employee shall satisfy all of the qualification that are established by the Corporation. TERM OF AGREEMENT There shall be no guaranteed term of employment. Employer acknowledges and agrees that Employee shall be an \"At Will\" Employee and that Employee's employment may be terminated at any time by the Corporation, with or without cause. FEES FROM EMPLOYEE'S WORK The Corporation shall have exclusive authority to determine the fees, or a procedure for establishing the fees, to be charged to clients by the Corporation for services that are provided by the Employee. All sums paid to the Employee or the Corporation in the way of fees, in cash or in kind, or otherwise for services of the Employee, shall, except as otherwise specifically agreed by the Corporation, be and remain the property of the Corporation and shall be included in the Corporation's name in such checking account or accounts as the Corporation may from time to time designate. CLIENTS AND CLIENT RECORDS The Corporation shall have the authority to determine who will be accepted as clients of the Corporation, and the Employee recognizes that such clients accepted are clients of the Corporation and not the Employee. All client records and files of any type concerning clients of the Corporation shall belong to and remain the property of the Corporation, notwithstanding the subsequent termination of the employment. POLICIES AND PROCEDURES The Corporation shall have the authority to establish from time to time the policies and procedures to be followed by the Employee in performing services for the Corporation. This may include, but is not necessarily limited to, employment policies, computer use policies, Internet access policies, email policies, and all other policies, procedures, directives, and mandates established by the Corporation, whether or not in written form or formally adopted. Employee shall abide by the provisions of any contract entered into by the Corporation under which the Employee provides services. Employee shall comply with the terms and conditions of any and all contracts entered by the Corporation. TERMINATION Employee acknowledges and agrees that Employee is an \"at will\" employee of the Corporation. As such, no term of employment is created hereby and employee may be terminated at any time in the sole discretion of the Corporation, whether there exists any cause for termination or not. CREATIONS AND INVENTIONS Employee acknowledges and agrees that any and all work product of the Employee that is conceived or created during the Employee's employment with the Corporation is the exclusive property of the Corporation. This shall include any and all copyrights, trade secrets, confidential information, patents, trademarks, trade dress, ideas, concepts, plans, business plans, business concepts, techniques, inventions, drawings, artwork, logos, graphics, web pages, databases, software, programs, CGI's, plug ins, applications, brochures, inventions, marketing plans and concepts, and all other ideas and work product of the Employee. The Employee acknowledges and agrees that all creations shall be \"works made for hire\" as defined in the [ACT OR CODE]. Notwithstanding the fact that this material may be considered to be a work made for hire, Employee agrees, during Employee's employment and thereafter, which covenant shall survive any termination of the employment relationship, to execute any and all documents requested by the Corporation to confirm the Corporation's ownership and control of all such material, including but not limited to assignments of copyright, confirmations of work for hire status, waivers of proprietary rights, copyright application, and any other documents requested by Corporation. RESTRICTIVE COVENANTS","Employment Agreement_At Will Employee","7","https://templates.business-in-a-box.com/imgs/1000px/employment-agreement_at-will-employee-D541.png","https://templates.business-in-a-box.com/imgs/250px/541.png","https://templates.business-in-a-box.com/svgs/docviewerWebApp1.html?v6#541.xml",{"title":147,"description":6},"employment agreement_at will employee",[149,152,155],{"label":150,"url":151},"Human Resources","human-resources",{"label":153,"url":154},"Hire an Employee","hire-employee",{"label":17,"url":122},"/template/employment-agreement_at-will-employee-D541",{"description":158,"descriptionCustom":6,"label":159,"pages":142,"size":102,"extension":10,"preview":160,"thumb":161,"svgFrame":162,"seoMetadata":163,"parents":165,"keywords":164,"url":168},"MASTER SERVICE AGREEMENT This Master Service Agreement (\"Agreement\") is made and effective this [Date], BETWEEN: [YOUR COMPANY NAME],\" PARTY A\", a corporation organized and existing under the laws of [STATE/PROVINCE], with its head office located at: [YOUR COMPLETE ADDRESS] AND: [COMPANY NAME],\" PARTY B\", a corporation organized and existing under the laws of [STATE/PROVINCE], with its head office located at: [COMPLETE ADDRESS] SCOPE OF SERVICES [PARTY A] shall provide [PARTY B] with the services and products described in the Statements of Work. The SOW must describe the respective contribution and services of each party. Any services provided by either party under this Agreement are referred to as the \"Services\". For the purposes of this Agreement, the party engaged to perform the Services, [PARTY A], is the \"Performing Party\" and the party for whom the Services are to be performed, [PARTY B], is the \" Engaging Party\". All SOWs that are negotiated between the parties shall be in writing and executed by both parties and shall be attached hereto as supplemental Exhibits, and shall be incorporated into, and governed by, this Agreement. STATEMENT OF WORK (SOW) Contents of Statements of Work The parties shall describe each individual deliverable to be provided under this agreement in its own statement of work (each, a \"Statement of Work\"), each one including a complete description of the deliverable provided under the Statement of Work, the number of [PARTY A] personnel who will be assigned to provide the deliverable in question, key [PARTY A] personnel the parties agree are essential to the provision of the particular deliverable (shall not exceed [SPECIFY] percent of the total personnel assigned to this Statement of Work) (each one a \"Key Personnel\"), the applicable fees and fee schedule, including any milestones and milestone payments if applicable, for the particular deliverable, the service levels and acceptance criteria for the particular deliverable, any materials the parties will provide for the particular deliverable, a timeline for providing the particular deliverable, and a unique identification number for the Statement of Work and explicit reference to this agreement. Integration. A Statement of Work signed by both parties, bearing a unique identification number and making explicit reference to this Agreement, shall be deemed to form an integral part of this Agreement. Severable. The parties may terminate any individual Statement of Work without affecting the rest of the agreement or any other Statement of Work. Conflict of Terms. If there is a conflict between the terms of this agreement and any Statement of Work, the Statement of Work shall apply. Changes to Statements of Work Proposing Changes. Either party may propose amendments to the Statement of Work deliverable, fees or schedule by giving written notice to the other party. Finalizing Changes. If the parties agree to change the deliverable, fees, or schedule of a Statement of Work they parties shall cooperate to execute a written amendment to the relevant Statement of Work detailing the changes. Additional Statements of Work Request Additional Services. [PARTY B] may request additional services by sending a written notice to [PARTY A] reasonably detailing the services requested. Assess the Request. Immediately after receiving a request for additional services from [PARTY B], [PARTY A] shall evaluate the request to determine whether there are circumstances preventing it from providing the requested services and, if there are no circumstances preventing it from providing the requested services, shall provide [PARTY A] with the estimated fees and timelines for such requested services. Execute New Statement of Work. If after receiving [PARTY A] 's estimates [PARTY B] still wants the requested services, the parties shall execute a new Statement of Work according to the requirements of paragraph CONTENT OF STATEMENTS OF WORK. Acceptance and Rejection Inspection Period. [PARTY B] shall have an \"Inspection period\" of [NUMBER] working days after [PARTY A] has provided the deliverable to review and verify that the deliverable meets the acceptance criteria as set out in the applicable Statement of Work (the \"Inspection Period\"). Acceptance. If in [PARTY B] 's opinion the deliverable meets the acceptance criteria, [PARTY B] must accept the deliverable and notify [PARTY A] that it is accepting the deliverable. Deemed Acceptance.[PARTY B] shall be deemed to have accepted the deliverable if [PARTY B] fails to notify [PARTY A] by the end of the inspection period, or if, during the inspection period, [PARTY B] uses or attempts to use the deliverable beyond what is necessary for the inspection and testing, in a manner that a reasonable person would consider compatible with [PARTY B] having accepted deliverable from [PARTY A]. Rejection. If in [PARTY B]'s opinion, the deliverable does not materially meet the acceptance criteria, [PARTY B] may reject the deliverable by delivering to [PARTY B] a written list detailing each failure to satisfy the acceptance criteria. TERM The term of this Agreement begins on [INSERT START DATE] and continues until such time as the Deliverables have been provided to the Purchaser in accordance with this Agreement or until such time as this Agreement is terminated by either party in accordance with its terms. BUDGET AND PAYMENT DEADLINE The budget and payment deadline will be defined in each SOW. Unless otherwise provided in this SOW, uncontested invoices are payable within 30 calendar days of receipt of the invoice. Payment is made as follows: [SPECIFY]. INDEPENDENT CONTRACTOR The relationship between [PARTY A] and [PARTY B] shall, within the context of the SOW, be that of an independent contractor, and nothing in this Agreement should be construed to create a partnership, joint venture, or employer-employee relationship. Each Party shall, at all times during the term of this Agreement, perform the duties and responsibilities herein without any control by the other Party. Either Party may realize a profit or loss in connection with performing the services. Either Party may render similar services for the benefit of others. Neither Party is an agent of the other Party and is not authorized to make any representation, contract, or contract commitment on behalf of the other Party. DELIVERABLES The Supplier shall provide the goods and/or services described in the Statement of Work (attached) of this Master Service Agreement. CONFIDENTIALITY Information shall be treated as confidential during the term of this Agreement and for a period of seven (7) years thereafter. During such period, the parties will not: (a) disclose the Confidential Information of the Disclosing Party to any third party, using at least the same degree of care as it uses to protect its own confidential information, but not less than reasonable care or (b) use such information for any purpose other than to perform its obligations under this Agreement. Confidential Information does not include information which has previously been made generally available to the public, becomes publicly known, without fault on the part of the Receiving Party, subsequent to disclosure by the Disclosing Party of such information to the Receiving Party, is received by the Receiving Party at any time from a source, other than the Disclosing Party, lawfully having possession of and the right to disclose such information, otherwise becomes known by the Receiving Party prior to disclosure by the Disclosing Party to the receiving party of such information, or is independently developed by the Receiving Party without use of such information","Master Service Agreement","https://templates.business-in-a-box.com/imgs/1000px/master-service-agreement-D12657.png","https://templates.business-in-a-box.com/imgs/250px/12657.png","https://templates.business-in-a-box.com/svgs/docviewerWebApp1.html?v6#12657.xml",{"title":164,"description":6},"master service agreement",[166,167],{"label":17,"url":122},{"label":17,"url":122},"/template/master-service-agreement-D12657",false,{"seo":171,"reviewer":181,"legal_disclaimer":185,"quick_facts":186,"at_a_glance":188,"personas":192,"variants":217,"glossary":243,"clauses":277,"how_to_fill":327,"common_mistakes":368,"faqs":393,"industries":421,"comparisons":438,"diy_vs_lawyer":450,"jurisdictions":463,"related_template_ids_curated":484,"schema":493,"classification":494},{"meta_title":172,"meta_description":173,"primary_keyword":174,"secondary_keywords":175},"Personnel and Equipment Agreement Template (Free Word)","Free personnel and equipment agreement template covering staff assignments, equipment responsibilities, liability, and return obligations. Free Word and PDF download.","personnel and equipment agreement template",[176,177,178,179,180],"personnel and equipment agreement","equipment assignment agreement template","staff and equipment contract template","personnel agreement template word","employee equipment agreement free download",{"name":182,"credential":183,"reviewed_date":184},"Bruno Goulet","CEO, Business in a Box","2026-05-02",true,{"difficulty":187,"legal_review_recommended":185,"signature_required":185,"notarization_required":169},"advanced",{"what_it_is":189,"when_you_need_it":190,"whats_inside":191},"A Personnel and Equipment Agreement is a legally binding contract that governs the assignment of staff and the deployment of physical equipment to a project, client site, or third party. This free Word download covers personnel duties and conduct, equipment responsibilities, damage and loss liability, insurance requirements, and return or termination procedures — all in a single enforceable document you can edit online and export as PDF.\n","Use it when your business provides staff, machinery, tools, or vehicles to a client or project site, or when you accept personnel and equipment from a vendor under a defined set of conditions. It is equally applicable when an employer formally assigns company-owned equipment to an employee for business use and needs written accountability.\n","Definitions of personnel roles and equipment inventory, scope of permitted use, care and maintenance obligations, damage and loss allocation, insurance requirements, indemnification, confidentiality, term and termination conditions, and governing law. A schedule for itemizing specific equipment serial numbers and personnel assignments is included.\n",[193,197,201,205,209,213],{"title":194,"use_case":195,"icon_asset_id":196},"Construction and project managers","Deploying crews and heavy equipment to client job sites under defined liability terms","persona-project-manager",{"title":198,"use_case":199,"icon_asset_id":200},"Staffing and workforce agencies","Placing temporary workers and their required tools or devices with client employers","persona-staffing-agency",{"title":202,"use_case":203,"icon_asset_id":204},"IT and technology firms","Assigning laptops, devices, and on-site technicians to a client engagement","persona-it-manager",{"title":206,"use_case":207,"icon_asset_id":208},"Event production companies","Providing AV equipment and crew to venues under clear damage and return terms","persona-event-planner",{"title":210,"use_case":211,"icon_asset_id":212},"HR managers and operations directors","Formalizing equipment assignments to employees with signed accountability acknowledgment","persona-hr-manager",{"title":214,"use_case":215,"icon_asset_id":216},"Equipment rental businesses","Bundling operator staff with rented machinery under a single liability framework","persona-small-business-owner",[218,222,226,229,232,236,239],{"situation":219,"recommended_template":220,"slug":221},"Assigning company laptops or phones to employees only, with no personnel deployment","Employee Equipment Agreement","equipment-lease-agreement-D1140",{"situation":223,"recommended_template":224,"slug":225},"Providing staff to a client without any physical equipment component","Staffing Services Agreement","administrative-services-agreement-D850",{"situation":227,"recommended_template":228,"slug":221},"Renting equipment to a third party with no personnel included","Equipment Rental Agreement",{"situation":230,"recommended_template":85,"slug":231},"Engaging a contractor who supplies their own staff and tools for a defined project","independent-contractor-agreement-D160",{"situation":233,"recommended_template":234,"slug":235},"Deploying staff and equipment under a broader master services framework","Master Services Agreement","master-service-agreement-D12657",{"situation":237,"recommended_template":44,"slug":238},"Short-term loan of a single piece of equipment between companies","equipment-loan-agreement-D12843",{"situation":240,"recommended_template":241,"slug":242},"Construction subcontractor supplying both labor and materials to a general contractor","Subcontractor Agreement","subcontract-agreement-D172",[244,247,250,253,256,259,262,265,268,271,274],{"term":245,"definition":246},"Personnel","The individual employees, contractors, or workers assigned under the agreement to perform specified duties at a designated site or for a defined project.",{"term":248,"definition":249},"Equipment","The physical assets — machinery, tools, vehicles, devices, or instruments — covered by the agreement, typically identified by make, model, and serial number in a schedule.",{"term":251,"definition":252},"Permitted Use","The specific tasks, locations, and conditions under which the assigned personnel and equipment may be used, as expressly defined in the agreement.",{"term":254,"definition":255},"Care and Maintenance Obligations","The receiving party's duty to keep equipment in good working order, follow manufacturer guidelines, and report faults promptly.",{"term":257,"definition":258},"Liability Allocation","The contractual division of financial responsibility for damage, loss, injury, or third-party claims between the providing and receiving parties.",{"term":260,"definition":261},"Indemnification","A clause requiring one party to compensate the other for losses, claims, or legal costs arising from specified events — such as negligent misuse of equipment.",{"term":263,"definition":264},"Insurance Requirement","A contractual obligation for one or both parties to maintain specified types and minimum amounts of insurance coverage — typically general liability and property — throughout the agreement term.",{"term":266,"definition":267},"Force Majeure","A clause excusing a party from performance obligations when events beyond reasonable control — such as natural disasters or government orders — make performance impossible.",{"term":269,"definition":270},"Return Condition","The agreed physical state in which equipment must be returned at the end of the agreement, usually 'the same condition as received, subject to normal wear and tear.'",{"term":272,"definition":273},"Termination for Cause","The right of either party to end the agreement immediately — without the standard notice period — when the other party commits a material breach such as unauthorized use of equipment or misuse of personnel.",{"term":275,"definition":276},"Schedule / Exhibit","An attachment to the main agreement listing specific equipment inventory (with serial numbers) and named personnel, forming part of the binding contract.",[278,283,288,293,298,303,308,313,317,322],{"name":279,"plain_english":280,"sample_language":281,"common_mistake":282},"Parties, Recitals, and Definitions","Identifies the providing party and the receiving party by full legal name, describes the commercial context for the arrangement, and defines every key term used throughout the agreement.","This Personnel and Equipment Agreement ('Agreement') is entered into as of [DATE] between [PROVIDER LEGAL NAME], a [STATE/PROVINCE] [ENTITY TYPE] ('Provider'), and [RECIPIENT LEGAL NAME], a [STATE/PROVINCE] [ENTITY TYPE] ('Recipient'). Provider is engaged in [BUSINESS DESCRIPTION] and Recipient wishes to engage Provider for [PURPOSE].","Using trade names instead of registered legal entity names. If a dispute arises, enforcing indemnification or insurance obligations against the wrong legal entity causes significant delay and may void coverage.",{"name":284,"plain_english":285,"sample_language":286,"common_mistake":287},"Scope of Personnel Assignment","Specifies which personnel are assigned, their roles and responsibilities, reporting structure at the receiving site, and the limits of the receiving party's authority to direct their work.","Provider shall assign the personnel listed in Schedule A ('Assigned Personnel') to perform the services described in Schedule B at [SITE ADDRESS] commencing [START DATE]. Recipient may direct Assigned Personnel on day-to-day task sequencing but may not modify their employment terms, compensation, or safety protocols.","Granting the receiving party unlimited direction over assigned personnel without carve-outs for safety and employment compliance. Courts in several jurisdictions treat unrestricted direction as evidence of an employment relationship, triggering payroll tax and workers' compensation liability for the receiving party.",{"name":289,"plain_english":290,"sample_language":291,"common_mistake":292},"Equipment Inventory and Condition at Delivery","Lists the specific equipment covered, identifies each item by serial number or asset tag, and documents its condition at the time of handover to create a baseline for damage assessment at return.","Provider shall deliver the equipment listed in Schedule C ('Equipment') to Recipient at [DELIVERY ADDRESS] on [DELIVERY DATE]. The parties shall jointly complete and sign an Equipment Condition Report at delivery. Schedule C shall include: item description, make/model, serial number, and condition rating (Excellent / Good / Fair).","No signed condition report at delivery. Without a documented baseline, disputes over pre-existing damage versus damage caused by the recipient are impossible to resolve objectively.",{"name":294,"plain_english":295,"sample_language":296,"common_mistake":297},"Permitted Use and Restrictions","Defines the specific purposes, locations, and operating conditions for which the equipment may be used, and explicitly prohibits unauthorized modifications, subletting, or use by uncertified operators.","Recipient shall use the Equipment solely for [PERMITTED PURPOSE] at [SITE ADDRESS]. Recipient shall not: (a) remove the Equipment from the permitted site without prior written consent; (b) modify, alter, or repair the Equipment except as authorized; or (c) permit any person other than Assigned Personnel or [CERTIFIED OPERATOR CRITERIA] to operate the Equipment.","Omitting an explicit prohibition on subletting or re-deploying the equipment to a third party. Without this restriction, a recipient may transfer equipment to another site or operator — dramatically expanding the provider's liability exposure.",{"name":299,"plain_english":300,"sample_language":301,"common_mistake":302},"Care, Maintenance, and Reporting Obligations","Requires the receiving party to operate equipment according to manufacturer guidelines, perform scheduled maintenance if agreed, and promptly report faults, damage, or safety incidents to the provider.","Recipient shall operate the Equipment in accordance with the manufacturer's operating manual (attached as Schedule D) and shall promptly notify Provider in writing within [24 / 48] hours of any mechanical fault, damage, accident, or safety incident involving the Equipment or Assigned Personnel.","Placing full maintenance responsibility on the receiving party without specifying what 'maintenance' includes. Ambiguity leads to disputes over whether a major mechanical failure resulted from operator neglect or normal wear — leaving both parties underinsured.",{"name":304,"plain_english":305,"sample_language":306,"common_mistake":307},"Liability, Damage, and Loss Allocation","Allocates financial responsibility for damage, theft, or loss of equipment and for personal injury claims arising from personnel activities, distinguishing between provider-side negligence and recipient-side misuse.","Recipient shall be liable for all damage to or loss of Equipment caused by Recipient's negligence, misuse, or failure to comply with this Agreement, up to the replacement value stated in Schedule C. Provider shall retain liability for pre-existing defects and damage caused by Provider's own personnel acting outside Recipient's direction.","Making the recipient liable for all damage without a pre-existing defect carve-out. If equipment arrives with a hidden defect that causes a failure, holding the recipient fully liable is both inequitable and difficult to enforce.",{"name":309,"plain_english":310,"sample_language":311,"common_mistake":312},"Insurance Requirements","Specifies the types and minimum limits of insurance each party must maintain — typically general liability, property or inland marine for equipment, and workers' compensation for personnel — and requires certificates of insurance before commencement.","Provider shall maintain: (a) commercial general liability insurance with limits no less than $[AMOUNT] per occurrence; and (b) workers' compensation coverage as required by law for Assigned Personnel. Recipient shall maintain: (a) commercial general liability of no less than $[AMOUNT]; and (b) inland marine or property coverage for the Equipment at its full replacement value.","Requiring insurance without specifying that the other party must be named as an additional insured. Without additional-insured status, a third-party claim against the named insured does not automatically protect the other contracting party.",{"name":260,"plain_english":314,"sample_language":315,"common_mistake":316},"Requires each party to defend and hold the other harmless from losses arising from its own acts or omissions — the provider indemnifies for personnel employment-related claims, the recipient for misuse or unauthorized operation of equipment.","Provider shall indemnify and hold Recipient harmless from any claims arising from Provider's employment of Assigned Personnel, including wage, benefit, or workers' compensation claims. Recipient shall indemnify and hold Provider harmless from any claims arising from Recipient's misuse of Equipment or unauthorized modification of Assigned Personnel's duties.","Using a mutual blanket indemnity without carve-outs for each party's specific risk zone. Broad mutual indemnities are regularly narrowed by courts — a risk-specific, two-sided clause is both more enforceable and more clearly understood.",{"name":318,"plain_english":319,"sample_language":320,"common_mistake":321},"Term, Termination, and Equipment Return","Sets the start and end dates of the agreement, the notice period for early termination by either party, immediate termination triggers for material breach, and the condition and timing requirements for returning equipment.","This Agreement commences on [START DATE] and continues until [END DATE] unless earlier terminated. Either party may terminate with [X] days' written notice. Either party may terminate immediately upon written notice if the other party commits a material breach that remains uncured [X] business days after written notice. Upon termination, Recipient shall return all Equipment to Provider at [RETURN ADDRESS] within [X] business days in the condition documented at delivery, subject to normal wear and tear.","No cure period before immediate termination. Courts in most jurisdictions expect a reasonable opportunity to remedy a breach before termination — contracts without cure periods face challenges when the terminating party seeks damages.",{"name":323,"plain_english":324,"sample_language":325,"common_mistake":326},"Governing Law, Dispute Resolution, and Entire Agreement","Specifies the jurisdiction whose law governs the contract, the mechanism for resolving disputes (arbitration, mediation, or litigation), and confirms the written agreement supersedes all prior discussions or oral promises.","This Agreement is governed by the laws of [STATE / PROVINCE / COUNTRY]. Any dispute arising hereunder shall first be submitted to non-binding mediation; if unresolved within [30] days, disputes shall be resolved by binding arbitration under [AAA / JAMS] rules in [CITY]. This Agreement constitutes the entire agreement between the parties and supersedes all prior representations, negotiations, and understandings.","Choosing a governing law jurisdiction with no meaningful connection to where the personnel work or equipment is deployed. Courts often apply the law of the jurisdiction where work is performed regardless of the contractual choice, particularly on employment and safety matters.",[328,333,338,343,348,353,358,363],{"step":329,"title":330,"description":331,"tip":332},1,"Enter the full legal names and entity details of both parties","Use each party's registered legal name — not a brand or trade name — along with entity type (LLC, corporation, partnership) and state or province of formation. Include primary contact names and addresses for each party.","Cross-reference your corporate registry or articles of incorporation before completing this section — a name mismatch between the contract and insurance certificates is a common cause of coverage disputes.",{"step":334,"title":335,"description":336,"tip":337},2,"Complete Schedule A: personnel roster","List each assigned individual by full name, job title or role, and any required certifications or licenses relevant to the equipment they will operate. Indicate the reporting relationship at the receiving site.","Note any personnel substitution rights — whether the provider can swap a listed individual for another — and any advance-notice requirement for substitutions.",{"step":339,"title":340,"description":341,"tip":342},3,"Complete Schedule C: equipment inventory with serial numbers and condition ratings","List every piece of equipment by description, make, model, serial number, and asset tag. Assign an agreed condition rating (Excellent / Good / Fair) and document the replacement value for each item to anchor the liability clause.","Take timestamped photographs of each item at handover and attach them as an exhibit. This eliminates ambiguity about pre-existing damage at the time of return.",{"step":344,"title":345,"description":346,"tip":347},4,"Define permitted use, site restrictions, and operator qualifications","Specify the exact purposes for which equipment may be used, the permitted site address, and the minimum operator qualifications. Explicitly list prohibited uses — subletting, off-site removal, unauthorized modification — in the restrictions clause.","If equipment will be used on a public road or shared site, confirm that the permitted use language covers that location specifically. Vague site definitions create coverage gaps.",{"step":349,"title":350,"description":351,"tip":352},5,"Specify care, maintenance, and reporting timelines","Decide which party is responsible for routine maintenance versus major mechanical servicing, and set the reporting window for faults and incidents — 24 hours is standard for safety incidents. Attach the manufacturer's operating manual as Schedule D.","If the provider will perform all maintenance, include a response-time commitment — for example, 'Provider shall respond to fault reports within [4] business hours' — to avoid equipment downtime disputes.",{"step":354,"title":355,"description":356,"tip":357},6,"Set insurance minimums and require certificates before start date","Fill in the minimum coverage amounts for general liability, workers' compensation, and inland marine or property insurance. Require both parties to deliver certificates of insurance — naming the other as additional insured — at least [5] business days before the agreement commences.","Call your insurance broker before completing this section. The inland marine coverage limit should match the total replacement value of all equipment listed in Schedule C.",{"step":359,"title":360,"description":361,"tip":362},7,"Define the term dates, notice period, and equipment return logistics","Enter the start date, end date (or 'until completion of [PROJECT NAME]'), and the number of days' written notice required for early termination. Specify the return address and the return deadline in business days after termination.","For open-ended project agreements, add a milestone-based termination trigger — for example, 'Agreement terminates upon written acceptance of the final deliverable' — so the return clock starts at a defined point.",{"step":364,"title":365,"description":366,"tip":367},8,"Have both parties sign before any personnel or equipment is deployed","Both authorized signatories must execute the agreement — and all schedules — before the first deployment date. Signatures on Schedule C (condition report) should be completed at the physical handover, not in advance.","Use a timestamped e-signature platform to confirm execution occurred before deployment. Post-deployment signatures on equipment agreements create 'fresh consideration' risks that may void liability and indemnification clauses in common-law jurisdictions.",[369,373,377,381,385,389],{"mistake":370,"why_it_matters":371,"fix":372},"No equipment condition report at handover","Without a signed baseline condition report, any damage dispute at return becomes a credibility contest with no objective evidence — both parties face litigation costs and uncertain outcomes.","Complete and sign Schedule C (condition report) with photographs at the moment of physical handover, before the receiving party takes possession or the equipment leaves the provider's facility.",{"mistake":374,"why_it_matters":375,"fix":376},"Granting the recipient unlimited direction over assigned personnel","Unrestricted control over how assigned workers perform their duties is a primary indicator of an employment relationship in most jurisdictions, exposing the recipient to payroll tax withholding, workers' compensation, and employment benefits liability.","Limit the recipient's authority to task sequencing and site-level scheduling; expressly reserve employment terms, disciplinary authority, and safety compliance with the provider.",{"mistake":378,"why_it_matters":379,"fix":380},"Omitting additional-insured requirements from the insurance clause","If a third party sues one contracting party for an incident involving the other's personnel or equipment, the absence of additional-insured status means the other party's policy provides no defense — leaving a contractual indemnity obligation unfunded.","Require each party to name the other as an additional insured on its general liability and property policies, and confirm this by reviewing the certificates of insurance — not just the agreement language — before commencement.",{"mistake":382,"why_it_matters":383,"fix":384},"No cure period before termination for cause","Terminating immediately for a breach that the other party could have remedied — such as a missed maintenance report — leaves the terminating party vulnerable to a wrongful-termination counterclaim and loss of damages.","Include a written notice and cure period of at least 5–10 business days for non-safety breaches; reserve immediate termination only for willful misuse, abandonment, or safety violations that create imminent risk.",{"mistake":386,"why_it_matters":387,"fix":388},"Using a trade name instead of the registered legal entity name","If a dispute triggers indemnification or insurance claims, the contracting party's identity must match the insured entity and the corporate registry exactly — a mismatch can cause insurers to deny claims or make judgment enforcement impossible.","Verify both parties' registered legal names against their state or provincial corporate registry before executing, and ensure those names appear identically on the agreement and all insurance certificates.",{"mistake":390,"why_it_matters":391,"fix":392},"Specifying a governing law jurisdiction unconnected to where work occurs","Courts frequently apply the law of the jurisdiction where the work is performed on employment and safety matters, regardless of what the contract states — leaving the parties surprised by a legal framework they didn't plan for.","Choose the governing law of the jurisdiction where the personnel will primarily work and equipment will be deployed; if multi-jurisdictional, consider a master agreement with jurisdiction-specific addenda.",[394,397,400,403,406,409,412,415,418],{"question":395,"answer":396},"What is a personnel and equipment agreement?","A personnel and equipment agreement is a legally binding contract that governs the simultaneous deployment of staff and physical assets — such as machinery, vehicles, or devices — from one party to another. It defines each party's responsibilities for the personnel's conduct and the equipment's care, allocates liability for damage or injury, sets insurance requirements, and establishes return and termination procedures. It is commonly used in construction, IT services, event production, and staffing industries where both labor and tools are provided as a bundled service.\n",{"question":398,"answer":399},"When do I need a personnel and equipment agreement?","You need one any time your business provides both staff and physical assets to a client or third-party site under conditions where liability, insurance, and return obligations need to be clearly defined in writing. It is also appropriate when an employer formally assigns significant company equipment to an employee and requires signed acknowledgment of care and return obligations. Verbal or informal arrangements leave both parties exposed to disputes over damage costs, injury liability, and equipment recovery.\n",{"question":401,"answer":402},"How does a personnel and equipment agreement differ from an equipment rental agreement?","An equipment rental agreement covers only the physical assets — it sets rental rates, use restrictions, maintenance duties, and return conditions for equipment alone. A personnel and equipment agreement layers in a workforce component, addressing employment compliance, personnel direction limits, workers' compensation coverage, and the interaction between staff conduct and equipment liability. When you provide an operator along with a machine, you need the combined document.\n",{"question":404,"answer":405},"Who is liable if the equipment is damaged while in use?","Liability depends on what the agreement says and the circumstances of the damage. Typically, the receiving party is responsible for damage caused by misuse, unauthorized operation, or failure to follow maintenance and reporting obligations. The providing party generally retains liability for pre-existing defects or damage caused by its own personnel acting outside the recipient's direction. A signed condition report at delivery is the single most important document for resolving damage disputes.\n",{"question":407,"answer":408},"Does this agreement make the receiving party the employer of the assigned personnel?","Not automatically — but the degree of control the receiving party exercises over assigned personnel determines whether an employment relationship is implied under applicable law. To avoid co-employment exposure, the agreement should limit the recipient's authority to day-to-day task direction and expressly reserve employment terms, discipline, compensation, and safety compliance with the providing party. In some jurisdictions, even carefully drafted agreements do not fully insulate the receiving party from statutory employment obligations for long-term placements.\n",{"question":410,"answer":411},"What insurance coverage should both parties carry?","At minimum, the providing party should carry commercial general liability insurance and workers' compensation coverage for all assigned personnel. The receiving party should carry commercial general liability and inland marine or commercial property coverage for the equipment at its full replacement value. Both parties should be named as additional insureds on each other's general liability policies. Industry-specific risks — for example, professional liability for IT technicians or auto liability for deployed vehicles — may require additional endorsements.\n",{"question":413,"answer":414},"Can the receiving party let a third party use the assigned personnel or equipment?","Only if the agreement expressly permits it. Most well-drafted personnel and equipment agreements prohibit the recipient from subletting, assigning, or redeploying the personnel or equipment to any third party without the provider's prior written consent. Unauthorized transfer dramatically expands the provider's liability exposure and voids most insurance coverage, so this restriction should be explicit and prominent in the permitted-use clause.\n",{"question":416,"answer":417},"How long should the agreement term be?","The term should match the operational need — project-based agreements typically run from mobilization to final completion acceptance; ongoing service arrangements may use a rolling 12-month term with automatic renewal. For open-ended projects, tie termination to a defined milestone rather than a calendar date to avoid ambiguity about when equipment return obligations begin. Always include an early-termination notice period — 10 to 30 business days is typical — regardless of the primary term structure.\n",{"question":419,"answer":420},"Is a personnel and equipment agreement enforceable without notarization?","Yes, in most jurisdictions. Notarization is not required for commercial contracts between businesses to be legally binding. What matters is that both parties have authorized signatories, the agreement is signed before deployment begins, and the contract includes the essential elements of a binding agreement — offer, acceptance, and consideration. Some industries and government contracts may require notarized signatures, so confirm with a local attorney if your specific context involves public procurement or regulated assets.\n",[422,426,430,434],{"industry":423,"icon_asset_id":424,"specifics":425},"Construction and Engineering","industry-construction","Equipment schedules cover heavy machinery with serial numbers and operator certifications; phased project terms with milestone-based termination triggers are standard.",{"industry":427,"icon_asset_id":428,"specifics":429},"IT and Technology Services","industry-saas","Device assignments require data security and return-of-data obligations; remote work deployments must address multi-jurisdiction employment compliance and equipment tracking.",{"industry":431,"icon_asset_id":432,"specifics":433},"Event Production and AV","industry-marketing","Short-term agreements with tight delivery and return windows; full replacement-value liability for high-cost AV equipment is essential given rapid turnaround between events.",{"industry":435,"icon_asset_id":436,"specifics":437},"Manufacturing and Industrial Services","industry-manufacturing","OSHA and workplace safety compliance obligations must be integrated into care and maintenance clauses; operator certification requirements for specialized equipment are often legally mandated.",[439,442,444,447],{"vs":228,"vs_template_id":440,"summary":441},"equipment-rental-agreement-D13424","An equipment rental agreement covers the physical assets only — rental rates, use restrictions, and return conditions — with no personnel component. A personnel and equipment agreement adds workforce assignment, employment compliance, workers' compensation coverage, and the interaction between staff conduct and equipment liability. Use the rental agreement when you are leasing equipment alone; use the combined agreement when operators or technicians are included.",{"vs":85,"vs_template_id":231,"summary":443},"An independent contractor agreement engages a self-employed individual for defined deliverables — the contractor typically supplies their own tools. A personnel and equipment agreement governs the deployment of staff provided by one party to another, alongside provider-owned assets. The key distinction is control over equipment ownership and the employment status of the workers involved.",{"vs":224,"vs_template_id":445,"summary":446},"D{STAFFING_SERVICES_AGREEMENT_ID}","A staffing services agreement governs the placement of temporary or contract workers without a physical equipment component. It addresses payroll, billing rates, and employment compliance but does not allocate liability for machinery, tools, or devices. Where your service delivery depends on both people and assets working together, the combined personnel and equipment agreement provides the necessary coverage.",{"vs":241,"vs_template_id":448,"summary":449},"subcontractor-agreement-D13287","A subcontractor agreement engages a separate business entity to complete a defined scope of work — the subcontractor manages its own personnel and supplies its own equipment under its own direction. A personnel and equipment agreement involves the direct assignment of named individuals and specific assets from one party to another, with the recipient exercising some site-level direction. Use the subcontractor agreement when you are delegating an entire work package; use the personnel and equipment agreement when deploying specific people and assets under a shared operational arrangement.",{"use_template":451,"template_plus_review":455,"custom_drafted":459},{"best_for":452,"cost":453,"time":454},"Small businesses and project managers deploying standard staff and equipment to a single domestic site with straightforward liability terms","Free","30–60 minutes",{"best_for":456,"cost":457,"time":458},"Multi-site deployments, high-value equipment, staffing in regulated industries, or arrangements crossing state or provincial lines","$400–$900 for a 1–2 hour attorney review","2–5 business days",{"best_for":460,"cost":461,"time":462},"Cross-border deployments, heavy-industry equipment with significant third-party liability, or arrangements with government or institutional clients requiring bespoke indemnification","$2,000–$6,000+","1–3 weeks",[464,469,474,479],{"code":465,"name":466,"flag_asset_id":467,"note":468},"us","United States","flag-us","Employment law varies significantly by state — California, New York, and Illinois impose co-employment obligations on companies that exercise substantial control over another party's workers. OSHA regulations govern equipment safety obligations and may impose liability on the site-controlling party regardless of contract terms. Non-compete or exclusivity clauses attached to personnel assignments are subject to state-by-state enforceability rules.",{"code":470,"name":471,"flag_asset_id":472,"note":473},"ca","Canada","flag-ca","Provincial employment standards legislation in each province sets minimum obligations for assigned workers that cannot be contracted away — including notice periods and overtime requirements. Ontario's Occupational Health and Safety Act imposes site-controller obligations on the party with primary charge of the workplace, which may be the recipient of the personnel. Quebec agreements should be prepared in French for provincially regulated employers, and Quebec civil law governs contract interpretation differently from common-law provinces.",{"code":475,"name":476,"flag_asset_id":477,"note":478},"uk","United Kingdom","flag-uk","The Agency Workers Regulations 2010 grant temporary workers placed with a hirer equal treatment rights after 12 weeks on the same role. The receiving party (hirer) bears joint liability with the provider for compliance with these regulations. Health and Safety at Work Act 1974 duties apply to the site controller, typically the recipient, regardless of who employs the personnel. Equipment must comply with the Provision and Use of Work Equipment Regulations 1998.",{"code":480,"name":481,"flag_asset_id":482,"note":483},"eu","European Union","flag-eu","The EU Temporary Agency Work Directive requires equal treatment for agency workers after an assignment threshold set by each member state. GDPR considerations arise when personnel records, operator certifications, or equipment usage data are shared between the parties. Machinery Directive 2006/42/EC imposes conformity and documentation requirements on equipment deployed in EU member states. Multi-country deployments require jurisdiction-specific addenda as employment and equipment safety laws vary materially across member states.",[221,231,242,485,486,487,235,488,489,490,491,492],"non-disclosure-agreement-nda-D12692","service-agreement-D12711","employment-agreement_at-will-employee-D541","indemnification-agreement-D13016","hold-harmless-agreement-D12882","assignment-of-real-estate-contract-D1158","bill-of-sale-D1229","joint-venture-agreement-D889",{"emit_how_to":185,"emit_defined_term":185},{"primary_folder":122,"secondary_folder":495,"document_type":496,"industry":497,"business_stage":498,"tags":499,"confidence":505},"services-and-consulting","agreement","general","all-stages",[500,501,502,503,504],"personnel-agreement","equipment-liability","contractor-agreement","project-deployment","legal-contract",0.92,"\u003Ch2>What is a Personnel and Equipment Agreement?\u003C/h2>\n\u003Cp>A \u003Cstrong>Personnel and Equipment Agreement\u003C/strong> is a legally binding contract that simultaneously governs the assignment of workers and the deployment of physical assets — such as machinery, tools, vehicles, or devices — from one party to another. It establishes clear obligations for both sides: the providing party commits to delivering qualified personnel and functional equipment, while the receiving party accepts responsibility for proper use, care, and return. The agreement addresses the intersection of employment compliance and asset liability that arises whenever people and property move together under a commercial arrangement, closing the coverage gaps that neither a standalone staffing agreement nor a bare equipment rental agreement fully addresses.\u003C/p>\n\u003Ch2>Why You Need This Document\u003C/h2>\n\u003Cp>Operating without a signed personnel and equipment agreement exposes both parties to compounding legal and financial risk. When equipment is damaged or a worker is injured on a client site with no written allocation of liability, disputes default to litigation — with both parties claiming the other was responsible and no objective evidence to resolve it. Without a signed condition report at delivery, recovering the cost of damage from the receiving party is nearly impossible. Without clear employment-compliance language, a receiving party that exercises day-to-day control over assigned workers may be deemed a co-employer by tax authorities or labor tribunals, triggering back taxes, benefit obligations, and fines. For high-value equipment or specialized personnel, the cost of one unresolved incident can exceed the value of the entire engagement. This template gives both parties a documented framework — from the moment of handover to final return — that protects assets, clarifies responsibility, and keeps disputes out of court.\u003C/p>\n",1781186039053]