Make an agreement between recruiters and clients: Recruitment Agreement
What is a Recruitment Agreement?
A Recruitment Agreement is a document that helps establish the conditions agreed upon between the recruiting agency and their client, such as pay, what the client is looking for, and more. Recruiters and their clients often use Recruitment Agreements to document their business relationship and clarify what to expect.
A Recruitment Agreement (also known as a Recruitment Contract) is essential in situations when a client needs assistance finding and hiring qualified candidates for job openings – and wants everything in writing, whether it's because they need to report to someone else or simply for recordkeeping purposes.
When to use a Recruitment Agreement:
- You would like to hire a recruiter or recruiting firm to find qualified candidates to fill a position at your company.
- You are part of a recruitment agency and want the conditions of your agreement with your client legally documented.
How do I get my Recruitment Agreement reviewed?
If you already have a Recruitment Agreement and want to have it reviewed, or if you have questions about creating or using one, there are a few ways to get help.
Use Rocket Copilot to ask questions or review your document; this helps you better understand what it says and identify anything that may need a closer look.
If you are looking for help from a Legal Pro, you can also ask a question and receive a response within one business day, or request a more in-depth document review.
Sample Recruitment Agreement
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Recruitment Agreement
This Recruitment Agreement (Agreement) is made as of (the Effective Date) by and between who is located at , , , ("Client"), and who is located at , , , (Recruiter).
INFORMATION REQUESTED
The Recruiter will provide the Client with Presented Candidates upon receipt of the following information from the Client for each request it makes of the Recruiter to perform its services (hereinafter referred to as the Clients Requirements).
The Recruiter will use its resources, domain knowledge, experience, skill, and its best efforts to recruit, identify, screen, test, and check candidates for each Client Request in accordance with standard pre- employment practices for identifying qualified candidates for a position. Any special screening requirements such as drug testing, criminal background checks, credit checks, specialized testing, and industry specific checks are made at the request of the Client.
COMPENSATION
In consideration of the performance of the services, for each candidate which Recruiter successfully recruits to work with Client (the Presented Candidate), Client shall pay Recruiter . Such payments will be made within days of the commencement of the Presented Candidates employment at Client.
shall recruit another candidate to replace such Presented Candidate at no charge to Client
Recruiter shall not be entitled to any additional compensation in connection with the provision of services on behalf of Client, or in connection with Client's use and/or exploitation of the results and proceeds of such services, and the rights granted to Client under this Agreement.
PRESENTATION
The parties hereby further agree that no compensation shall be paid in connection with the provision of services on behalf of Client unless a Presented Candidate has been presented to Client by Recruiter in writing and an authorized Client hiring manager has acknowledged in writing via email his or her interest in the presented candidate. In the event that two or more Recruiting Parties submit the same candidate, Client shall only pay the first Recruiter who receives such written acknowledgement of Client's desire to pursue such a candidate, as determined by the date stamp of the acknowledgement.
CONFIDENTIALITY
"Confidential Information" means (i) any information regarding Client's current employees, staffing needs, or employment policies, (ii) any information concerning the existing or future products of Client; (iii) the terms of this Agreement, (iv) any software, documentation, materials or information provided to Recruiter by Client in order to assist Recruiter in performing the services; and (v) any additional designated in writing as "confidential" by Client. Confidential Information will not include, however, any information described above to the extent any of the following may be included therein: (1) information that becomes known to the general public without breach of the nondisclosure obligations of this Agreement; (2) information that is obtained from a third party or independently developed without breach of a nondisclosure obligation and without restriction on disclosure; and (3) information that is required to be disclosed in connection with any suit, action or other dispute related to this Agreement.
Recruiter agrees to hold in confidence, and not to use except as expressly authorized in this Agreement, all Confidential Information and to use reasonable care to prevent the unauthorized disclosure or use of the other party's Confidential Information, both during and after the term of this Agreement.
TERM AND TERMINATION
The term of this agreement commences upon the execution of this agreement and expires upon the earlier of days or its termination as described herein.
may terminate this Agreement upon days' prior written notice to the other party at any time, thereafter the Client's only remaining obligation hereunder shall be to pay Recruiter compensation and/or reimbursement expenses, as applicable then due and accrued but not yet paid from performed services.
EQUAL OPPORTUNITY EMPLOYER POLICY
Both the Client and Recruiter are Equal Opportunity Employers, and each of the parties endeavors to recruit, hire, and engage employees, independent contractors, and applicants for employment without regard to race, color, religion, age, sex, marital status, sexual preference, national origin, physical or mental disability, or veteran status.
INDEMNIFICATION
Each party agrees to indemnify and hold the other harmless with respect to any and all losses, damages or expenses (including reasonable attorney's fees) which either party shall sustain as a result of the other's negligent acts, errors or omissions in carrying out the responsibilities in this Agreement. The indemnified Party shall provide the indemnifying Party with prompt written notice of any such indemnification claim. The indemnifying Party shall have sole control and authority with respect to the defense and settlement of any such claim. The indemnified Party shall cooperate fully with the indemnifying Party, at the indemnifying Party's sole cost and expenses, in the defense of any such claim. The indemnifying Party shall not agree to settle any such claim that does not include a complete release of the indemnified Party from all liability with respect thereto or that imposes any liability, obligation or restriction on the indemnified Party without the prior written consent of the indemnified Party. The indemnified Party may participate in the defense of any claim through its own counsel, and at its own expense.
GENERAL TERMS
Recruiter is an independent contractor, and nothing in this Agreement will be deemed to place the parties in the relationship of employer-employee, principal-agent, partners or joint venturers. Recruiter will be responsible for all tax withholdings.
Dispute Resolution. Any controversy or dispute between the parties shall be resolved by arbitration under the Federal Arbitration Act and before the American Arbitration Association (AAA) in accordance with AAA's then governing Commercial Arbitration Rules. The arbitration proceeding shall be held at a location mutually agreed to by the parties in writing. The administrative cost of the arbitration and the arbitrator's fee shall be shared equally by the parties. The arbitrator in such an instance shall have no authority to modify the terms of this Agreement. All decisions of such arbitrator shall be final and binding upon both parties. Both parties are responsible for their own attorney's fees and costs incurred in connection with such arbitration.
Non-Solicitation.
During the term of this agreement and for a period of one year after termination, Recruiter shall not contact, nor shall Recruiter cause to be contacted for purposes of recruiting, any current or prospective employee of Client.
Governing Law. This Agreement will be governed by and interpreted under the laws of the State of , without giving effect to applicable conflicts of law principles.
Survival.
The provisions of the Presentation, Confidentiality, and General Terms sections shall survive the expiration or termination of this Agreement.
Assignment. Recruiter hereby irrevocably assigns information generated in the course of this Agreement to Client. Such information includes, without limitation, resumes, contact information, and call/prospecting histories, or other written or recorded communications with prospective employees of Client. In the event that such information cannot be assigned, Recruiter grants to Client a fully-paid, transferable, assignable, worldwide, exclusive, perpetual license to such information.
Signatures. This Agreement shall be signed by on behalf of and by on behalf of .
The foregoing is agreed to by the undersigned as of the date first written above.
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Recruitment Agreement FAQs
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Why do recruiters write Recruiting Agreements?
Even if you are being contracted by an acquaintance, you should always use a Recruitment Agreement. Using a written agreement has the following benefits:
- The recruiter and client both understand the scope of their responsibilities.
- Neither party is surprised by how long the engagement lasts.
- Fee-related information is clearly defined.
Any recruiter choosing not to make a Recruitment Agreement can expect certain issues, including the miscommunication of requirements, questions about timing, or even problems with payment.
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How should I organize my Recruitment Agreement?
To complete your Recruiting Agreement right now, you will need the following:
- Name and address of your client.
- The type of services to be provided.
- Whether the work will be ongoing or for a set period of time.
- How and when payment will be made.
As you would expect, our Recruitment Agreement template also includes the standard language with regard to the non-employer relationship, confidentiality, liability for losses, and dispute resolution methods. While building your contract, you also will be able to designate which state's laws apply. With the Rocket Lawyer document tool, you have the power to add further personalized editing, as well.
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What might it traditionally cost for a lawyer to create a Recruitment Agreement template for me?
Attorney fees for drafting or reviewing a Recruitment Agreement can vary widely. Many lawyers charge hourly rates that may range from around $100 for less experienced attorneys to $350 or more per hour for highly experienced attorneys in major metropolitan areas. For more routine documents, some attorneys may offer flat-fee pricing.
The total cost will depend on several factors, including your location, the attorney’s experience, and the complexity of your agreement. More documents or situations involving negotiation will typically require more time and increase the overall cost.
With Rocket Lawyer, you can create a personalized Recruitment Agreement tailored to your specific needs—without the high cost typically associated with hiring a lawyer. If you have questions or want additional peace of mind, you can also get your document reviewed or ask a Legal Pro for guidance.
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Are there any additional steps that I should be sure to take after I have made a Recruitment Agreement?
After drafting your Recruitment Agreement, review it carefully. You may also want to review it with the other party to ensure all parties fully understand and agree to the terms of the agreement. Once all parties agree to the terms, the next step is to have all parties sign it, and each party should keep a copy for their records. It’s also a good idea to store it in a safe, accessible place in case you need to reference it later.
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How do I get my Recruitment Agreement reviewed by a lawyer?
It’s smart to have an important agreement reviewed before you sign, so you fully understand the terms and avoid potential risks.
While some attorneys may review documents they didn’t draft, others may decline or require a retainer, hourly billing, or a flat fee. This can make getting a legal document review of your Recruitment Agreement less predictable and more time-consuming.
Rocket Lawyer makes the process simpler. With a Rocket Lawyer membership, you can request a review from a Legal Pro or ask questions about your Recruitment Agreement. You can also use Rocket Copilot to quickly review your agreement, spot potentially risky terms, and make sure everything looks accurate before signing.
Once you’re ready, you can sign your document online with RocketSign—all in one place.
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