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Placement Fee Agreement for the United States

Placement Fee Agreement Template for United States

A Placement Fee Agreement is a legally binding contract used in the United States between a recruitment agency and a client company, outlining the terms and conditions for providing recruitment services and the associated fees. The agreement specifies payment structures, guarantees, service levels, and obligations of both parties under U.S. federal and state employment laws. It includes provisions for candidate replacement, payment terms, and confidentiality requirements.

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What is a Placement Fee Agreement?

The Placement Fee Agreement serves as the foundational document governing the relationship between recruitment agencies and their client companies in the United States. This contract type is essential when companies engage external recruitment services for hiring needs. It clearly defines fee structures, payment terms, guarantee periods, and service expectations. The agreement ensures compliance with federal and state employment laws while protecting both parties' interests in the recruitment process. Typically used when engaging professional recruitment services for permanent placements, the document includes specific provisions for different placement scenarios and fee calculations.

What sections should be included in a Placement Fee Agreement?

1. Parties: Identification of the placement agency and the client company

2. Background: Context of the agreement and the parties' intentions

3. Definitions: Key terms used throughout the agreement

4. Services: Detailed description of placement services to be provided

5. Fee Structure: Payment terms, calculation methods, and timing

6. Payment Terms: Invoice procedures and payment deadlines

7. Term and Termination: Duration of agreement and termination conditions

8. Confidentiality: Protection of sensitive information

What sections are optional to include in a Placement Fee Agreement?

1. Guarantee Period: Terms of replacement guarantee if placed candidate leaves within specified period

2. Exclusivity: Terms of exclusive hiring arrangements between agency and client

3. International Placements: Special terms and conditions for cross-border placements

4. Direct Hire Conversion: Terms and conditions for converting temporary staff to permanent employees

What schedules should be included in a Placement Fee Agreement?

1. Fee Schedule: Detailed breakdown of fee structures and calculations

2. Service Level Agreement: Specific performance metrics and service standards

3. Position Specifications: Detailed requirements and specifications for positions to be filled

4. Guarantee Terms: Detailed terms and conditions of the replacement guarantee

Authors

Alex Denne

Head of Growth (Open Source Law) @ Ƶ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

United States

Publisher

Ƶ

Document Type

Fee Agreement

Cost

Free to use
Clauses

























Industries

Fair Labor Standards Act (FLSA): Federal law establishing minimum wage, overtime pay, recordkeeping, and youth employment standards affecting employees in the private sector and in government

Equal Employment Opportunity Laws: Federal laws prohibiting workplace discrimination and requiring equal treatment in hiring practices and employment decisions

Title VII of the Civil Rights Act: Federal law prohibiting employment discrimination based on race, color, religion, sex, and national origin

Americans with Disabilities Act (ADA): Federal law protecting qualified individuals with disabilities from discrimination in employment practices

State Licensing Requirements: State-specific regulations governing the licensing and operation of employment agencies and recruiters

State Labor Laws: State-specific regulations regarding placement fees, employment practices, and labor standards

State Contract Laws: State-specific laws governing contract formation, enforcement, and remedies

Statute of Frauds: Legal requirement that certain contracts must be in writing to be enforceable

Fee and Commission Regulations: State and federal regulations governing placement fee limitations, disclosure requirements, and refund policies

Privacy Laws: Federal and state laws governing data protection, confidentiality, and personal information handling

Industry-Specific Regulations: Specialized requirements for placement services in regulated industries such as healthcare and finance

Consumer Protection Laws: Laws protecting job seekers' rights, including fee disclosure requirements and cooling-off periods

Tax Regulations: IRS and state tax requirements regarding fee classification, reporting, and employment status determination

Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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