Disclaimer and Non-agency Agreement

Disclaimer and non-Agency Agreement

Contract entered into and between:

GM Recruiting cc (Global Medical Recruiting)

(herein referred to as “The Agency” or “The Agent”)

and

__________________

(herein referred to as “The Candidate”)

WHEREAS The Agency conducts its business as an independent recruitment Agency on behalf of its clients (herein referred to as “The Third Party” or “Third Parties”).

AND WHEREAS The Candidate has approached The Agency to procure positions for employment and/or for independent contracts with prospective Third Parties on his behalf.

AND WHEREAS The Agency shall endeavour to do all possible to introduce The Candidate to Third Parties.

NOW THEREFORE The Agency and The Candidate agree as follows.

GENERAL PROVISIONS:

The Candidate hereby voluntarily presents himself/herself to be available to be appointed in a position at The Third Party and exclusively at the Third Party with the total exclusion of The Agent.
The Agent confirms it has access to prospective Third Parties who, if all the requirements for the agreement between The Third Party and The Candidate have been met, may result in an appointment in the position (herein referred to as “the employment relationship” and/or “the independent contractor relationship”) in terms of such conditions that may apply during the proposed future conclusion of the employment agreement and/or the independent contractor agreement between The Third Party and The Candidate (herein referred to as “the service”).
The Agency cannot guarantee to find a suitable placement at The Third Party, including compensation and payment, for The Candidate.
The decision to work at The Third Party rests solely with The Candidate.
The Candidate shall present The Agency with such information as may be requested on the sole discretion of The Agency and The Candidate consents to the utilization and publication of any and all such information presented by The Candidate to The Agent, to be used and revealed to The Third Party.
The Agent may present any and all such information presented by The Candidate to The Agent to The Third Party.
The Agent shall advise The Candidate should The Third Party be interested to engage with The Candidate to be appointed into the position by presenting The Candidate with an offer to be appointed by The Third Party.
The Candidate shall be requested to accept such offer that shall result that The Candidate and The Third Party has reached a binding contract to be appointed in the position, with the exclusion of The Agent to any of such terms of the contract to be appointed in the position.
The Candidate shall not contact The Third Party directly for any reason prior to reporting for the position, without The Agent’s prior written consent.
The Agent and The Candidate record that The Agent did not receive any payment of any amount in the form of a fee from The Candidate for performing the service.

FEES AND TERMS OF PAYMENT:

The Agent records that it has entered into an undisclosed agency fee agreement with The Third Party, of which The Candidate is not a party to, save for referring to The Candidate in terms of the agreement and The Candidate has no claim against The Agent for any payment in terms of the Agency fee agreement between The Agent and The Third Party.

DISCLAIMER:

The information made available by The Agent to The Candidate on or through its website and any correspondence and documents exchanged, is intended to provide general information to The Candidate and the Third Party.

The Candidate confirms that all reasonable measures have been taken to ensure the quality and accuracy of the information that the Candidate made available to The Agent.

The parties further record that:

The Agent made no warranty, express or implied, nor assumes any legal liability or responsibility for the accuracy, correctness, completeness or use of any information that is available on or through its website or any other information presented to The Candidate by The Agent or The Third Party.
The Agent may change, delete, add to, or otherwise amend information contained without notice.
The contents of The Agent’s website and correspondence should not be construed as legal, business or tax advice and The Candidate should take specific advice from qualified professional people before undertaking any action following information received from The Agent.
Any reference to any specific information received from the Third Party, including information pertaining to the commercial product, process, or service by trade name, trademark, business entity, or otherwise does not constitute an endorsement, recommendation, or favoring by The Agent.
Should The Candidate ignore this disclaimer he/she does so at his/her own risk.

CONFIDENTIALITY:

Except as may be otherwise required by law, The Agency:

will exercise reasonable efforts to ensure that The Candidate’s information remains confidential and is available only to personnel who have a need to know such information in connection with providing The Candidate with The Agency’s services or otherwise for The Agency’s general business purposes, and
will not sell The Candidate’s name, address or similar personally identifying information to unrelated third parties or permit the use of such information outside the scope of The Agency’s service or The Agency’s general business purposes.

INDEMNIFICATION:

The Candidate shall indemnify and save harmless The Agency and employees from all suits, actions, losses, damages, claims, or liability of any character, type of description, including without limiting the generality of the foregoing all expenses of litigation, court costs, and attorney’s fees arising from or relating to The Agency’s performance of the terms of this Agreement.

TRAVEL ARRANGEMENT:

The Candidate carries the sole responsibility to make all travelling arrangements necessary, including to hold a valid passport, to arrive at the departure destination or airport in time or such other requirements that may be necessary to secure his/her travelling for relocation to the place to be able to report for his/her duties on time.
The Agent shall assist The Candidate by providing such necessary particulars pertaining to such relocation procedure to be followed by The Candidate.
The Agent cannot be held liable for any such expenses and costs that The Candidate or The Third Party may incur in terms of a separate agreement between The Third Party and The Candidate.

TERMINATION:

Should The Third Party, at any stage, retract any offer made to The Candidate or to terminate the appointment in the position in terms of the agreement between The Third Party and The Candidate, such termination of the appointment in the position in terms of the agreement between The Third Party and The Candidate shall result that The Candidate has no recourse of claim against The Agency of any nature whatsoever whether arising out of award, contract, delict or statute.

JURISDICTION:

The terms and provisions of this agreement are governed by the laws and statutes of the Republic of South Africa. The parties agree that the jurisdiction of the North Gauteng High Court shall apply to this agreement where the parties may institute legal proceedings in terms of this agreement.

GENERAL PROVISIONS:

The Third Party chooses as domicilium citandi et executandi:

C/o Marius Scheepers and Company Attorney, 298 Glenwood Road, Lynnwood Park, Pretoria

fax: +27 86 684 9947

e-mail: admin@gmrecruiting.com

This agreement comprises the full terms of the agreement between the parties and no variation or amendment thereof shall be binding unless recorded in writing and signed by or on behalf of the parties hereto.
No waiver or indulgence afforded by The Agent to The Candidate shall be binding on The Agent and shall not prejudice the rights of The Agent in any manner whatsoever.

___________________

The Candidate

Full Names & Surname (as per passport):_______________________________