TERM
The Term shall begin on the Effective Date and shall continue until terminated by either Party upon 30 days’ written notice to the other Party. Full House may also terminate the Agreement immediately upon Full House’s reasonable belief of Client’s inability to pay its debts as they become due. However, the payment obligations shall survive the termination of this Agreement for any reason. Notice of cancellation will be in writing at the Client’s address listed above.
RELATIONSHIP OF THE PARTIES
Client desires to enter into this Agreement with Full House and its subsidiaries for the purpose of gaining access to Full House and its subsidiaries’ staff for temporary staffing or direct hire services. Full House, its subsidiaries, and Client agree that temporary employees provided by Full House or its subsidiaries to Client pursuant to this Agreement to perform services for Client at certain properties and work sites shall remain employees of Full House or its subsidiaries, and shall not become employees of Client, unless the Parties otherwise agree in writing. The Parties further agree that the services Full House renders to Client under this Agreement will be as an independent contractor with respect to Client. Nothing contained in this Agreement shall be construed to create a joint venture or partnership, or the relationship of principal and agent, or employer and employee, between Full House and Client.
COMPENSATION
During the Term, Full House reserves the right to modify rates to reflect then-current economic conditions with seven (7) days written notice. Clients are encouraged to use time and attendance tools provided. Client agrees that Full House technology for time and attendance or verified sheets/slips signed by a Property(ies) representative supersede any other source of time recording.
Hourly Rate: Hourly rate will be based on experience and skill level, as outlined above.
Over 40 hours worked in a Monday through Sunday workweek is billed at 1.5 times the hourly rate.
Leasing Commission: Client will pay to Full House $100 per verified move-in, except where prohibited by law. Commissions are billed if Full House’s employee was responsible for the initial tour.
Mileage: Mileage for client-related travel (errands, outreach, etc.) will be paid at a rate equal to then-current IRS rate.
FULL HOUSE EMPLOYEES
Unless the Parties agree otherwise in writing, Full House employees assigned for temporary staffing or contracted staffing purposes shall remain employees of Full House and shall not become employees of the Client. Full House shall remain solely responsible for disciplining, compensating, and assigning duties to such employees. Clients shall provide a safe work environment for Full House’s employees. Client shall neither (i) include such employees in any of its benefit plans, policies, practices, or other compensation scheme nor (ii) alter such employees’ job duties without Full House’s prior written approval.
INSURANCE REQUIREMENTS REQUEST
Full House carries liability insurance and workers compensation. A certificate of insurance and W-9 will be provided upon request. Should Client have additional insurance coverage requirements, compliance verification or want to be named as “additional insured”, requests must be submitted prior to work performed. Additional insurance coverage requests, vendor set-up fees or third-party compliance verification fees (such as Compliance Depot) will be invoiced to the Client. If additional insurance or requirements are requested after work is performed, Full House may not be able to accommodate the request. If the request is made after work is performed the cost of the additional insurance change or requirement will be paid immediately upon request.
An onsite authorized Client Representative will verify hours listed. Full House pays its employees and the Client is invoiced according to time provided. Therefore, it is imperative that Time is entered and completed accurately.
Cancellations & Minimum Billing
Cancellations of assignments must be in by noon the prior day, or noon on Friday for Sat-Sun-Mon assignments, or an 8-hr cancellation fee will be due.
Assignments canceled upon employee arrival or early release prior to four (4) hours worked will be billed a four (4) hour minimum.
Time worked beyond four (4) hours will be billed as actual hours worked.
Temp To Hire
If Client chooses to hire a Full House employee into a service relationship with Client or an affiliate, including but not limited to any sister property owned or managed by Client in any capacity including direct hire, consultant or independent contractor, Client will be charged a placement fee if Full House’s employee has worked less than 360 hours on a continuous assignment. Hours worked at other communities or hours worked by other Full House’s employees do not qualify towards the 360 hours. Should Client choose to offer Full House’s employee a direct position before the required number of hours worked, a fee will be charged, based on a prorated figure reflecting the continuous days worked on the assignment. This policy is in effect for the entire time the employee works for Full House whether at this or any other assignment and will remain in effect for one full year from the date of separation with Full House.
Keys & Property Access
Full House’s employees are not authorized to remove keys from the property. Any deviation is at Client’s sole risk, and Full House is released from liability related thereto.
Background Checks
Full House makes reference and background checks for its own purposes but does not verify any claims made by the candidates. The Client agrees to independently check any personal, professional, or educational representations made by the candidate. Full House shall not be held liable for any misstatements or omissions made by candidates.
Equal Employment Opportunity
The Parties affirm and agree that they are equal employment opportunity employers and are in full compliance with any and all applicable anti-discrimination laws, rules, and regulations. The Parties agree not to harass, discriminate against, or retaliate against any employee of the other because of race, national origin, age, sex, religion, disability, marital status, sexual orientation, gender identity, expression, or other category protected by applicable law; nor shall any Party cause or request the other Party to engage in such discrimination, harassment, or retaliation. In the event of any complaint of unlawful discrimination, harassment, or retaliation, the Parties agree to cooperate in the prompt investigation and resolution of such complaint and shall indemnify each other with respect to any violation.
INDEMNIFICATION
Both Parties shall defend, indemnify, and hold harmless the other Party and its officers, directors, employees, agents, successors, and permitted assigns from and against all claims, losses, and liabilities arising out of or resulting from (a) bodily injury or death of any person or damage to real or tangible personal property resulting from willful, fraudulent, or grossly negligent acts or omissions of the Party or (b) the Party’s material breach of any representation, warranty, or obligation set forth in this Agreement.