Fillable Printable Apprenticeship Agreement

Apprenticeship Agreement

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Apprenticeship Agreement

This Apprenticeship Agreement is made between ____________________ (“Company”) whose

address is _______________________________________ and Apprentice’s name

(“Apprentice”) who currently resides at: _______________________________________.

1. Description of Work

The Apprentice seeks an on-site training and mentoring program with the Company to gain

valuable information and hands-on learning about the business and unique cooking methods of

barbecue. Specifically, the Apprentice will receive:

• Food safety and handling requirements,

• Organization and cleanliness in a restaurant environment,

• Various methods of food service,

• Techniques for marketing of a barbecue business,

• Personal interaction with a barbecue pitmaster in a working environment,

• Meat qualities, smoking methods and development of unique flavor profiles,

• Participation in the day-to-day working operation of a busy restaurant,

• Portion control,

• Administration and staffing of a barbecue business, and

• Purchasing and inventory control.

2. Performance Measures

The Company agrees to create an educational environment for the Apprentice by:

• Sharing specific how-to instruction on how to create a unique barbecue experience,

• How to create a positive customer experience with olfactory, visual and auditory cues, and

• Discussing specific business model ideas for a barbecue business including, but not limited

to, the administrative set up, operations, marketing and tracking of sales and expenses.

In return for the on-site training and mentoring, the Apprentice agrees to:

• Arrive on time and be willing to work during the hours outlined,

• Adhere to the dress code set forth by the Company,

• Conduct duties with enthusiasm and professionalism,

• Act responsibly and with appropriate care around kitchen equipment, machinery,

customers, Company staff, barbecue pits and any other equipment, decorations or

furniture related to the Company’s business, and

• Accept constructive instruction and guidance/advice from the Company.

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3. Apprenticeship Outcomes

It is anticipated that the following activities will occur at the conclusion of the Apprenticeship:

• The Apprentice will have, at minimum, a basic understanding of the daily operations of a

barbecue restaurant or catering operation, such that they could knowledgably manage

those operations unsupervised.

• The Apprentice will be provided basic spreadsheets that offer a means to build financial

projections and track company sales and expenses.

• The Apprentice and Company will conduct one exit interview, either on-site at the end of

the apprenticeship or via telephone, to discuss the apprenticeship and articulate what was

learned, answer open questions and evaluate the strengths and skills or areas of

improvement.

• If appropriate or deemed worthy, the Company and/or National Barbecue Association

(“NBBQA”) will provide the Apprentice with a letter of reference or commendation.

• Membership into NBBQA at an enthusiast level (if not already a member).

4. Term of Apprenticeship

This apprenticeship will begin on ________________ (date) and conclude on _____________

(date) with the Apprentice working ___ hours over ___ number of days in accordance with the

following schedule (to be submitted in detail here by the Company.)

5. Ownership

All products created and/or completed on the Company’s premises, during the term of the

apprenticeship, are considered owned by the Company unless otherwise stated or approved in

advance. The Apprentice understands and agrees that the creative application for producing

their unique product is solely owned by the Company. All items within the Company’s business

– including raw materials, equipment, supplies, files and other business related items – are

considered sole property of the Company. The Apprentice may not use or copy unless approved

in advance by the Company.

6. Payment

The Apprentice agrees to pay an apprenticeship fee of $__________, payable to the National

Barbecue Association. All parties will agree in advance to the length of the Apprenticeship

based on the Apprentice’s knowledge level, experience and desired outcomes.

No compensation will be provided to the Apprentice for the apprenticeship. All out-of pocket

expenses during the Apprenticeship shall be borne by the Apprentice unless otherwise

stipulated in writing in advance. In addition, the Apprentice will pay all travel expenses

associated with related marketing or professional development activities unless otherwise

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stated in advance. In lieu of payment, the Apprentice is provided limited use of the Company’s

business as barter for the work performed during the Apprenticeship. The Apprentice will

assume all liability associated with working in the Company’s business location(s) and operating

the equipment, and will hold harmless the Company and The National Barbecue Association

from any situations resulting from said use.

7. Expenses

Travel and other out-of-pocket expenses incurred by the Apprentice as the cost of doing

business MAY be reimbursed by the Company or third party coordinating this apprenticeship

upon submission of invoice and documentation (original receipts and other appropriate

financial data) to demonstrate source and amount of claim. The Company will identify in

advance which expenses will be considered reimbursable and set forth parameters for paying

and other expense categories. All expense reimbursements to the Apprentice will be made

within 30 days of receipt of invoice.

In addition, the Company requires that the Apprentice pay for any breakage or damage of

property as a result of this Apprenticeship. A reimbursement plan will be outlined in the

personnel policy and reviewed between both parties before entering into this agreement.

8. Terms for Immediate Cancellation

• If either party falsifies or misrepresents any information in their application.

• If either party violates the law (theft, discrimination, sexual harassment, perjury, etc.).

• If either party dies or becomes disabled before completion of the Apprenticeship, the

terms of this program become null and void. The remaining collaborator(s) may hire

someone else to complete the term of the program.

• Acts of God, adherent in individual Company insurance policy.

• In addition, either party may request termination of the apprenticeship for:

- Illness preventing the party from fulfilling the performance duties,

- Personal or family crisis, emergency, or

- Unsuitable conduct or incompatibility (personality differences)

9. Quitting the Apprenticeship

If either of the parties wishes to quit the apprenticeship before the scheduled term is

completed, the Company and Apprentice shall enter into a written agreement setting forth the

rights of the withdrawing party, including any outstanding compensation (financially or legally)

to be paid to the withdrawing collaborator. If the parties are unable to agree, the parties shall

submit their dispute to mediation and/or arbitration as described below.

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10. No Partnership

The Company and Apprentice are collaborators in this single project. This agreement does not

create a partnership relationship.

11. Non-Competition

The Apprentice shall not participate in the preparation of any work that is directly competitive

with, or would significantly diminish the sales of the Company. This includes opening,

purchasing, working, consulting, or entering into a partnership agreement for a nearby

competing business located within 50 miles of the Company for as long as the Company shall

operate such business, or, as mutually agreed upon by the Company and the Apprentice.

Further, the Company has sole discretion to decline the Apprenticeship based on any perceived

competitive concerns. The 50 mile non-compete covenant may only be waived by the express

written consent of the Company.

12. Derivative Works

Neither the Company nor Apprentice will incorporate proprietary material or creative process

based on or derived from the Apprenticeship in any subsequent work without the written

consent of the other party.

13. Warranties and Indemnities

Both the Company and the Apprentice represent and warrant to each other that:

• Each is free to enter into this agreement,

• None of the contributions to the Apprenticeship libel, violate the right of privacy or

publicity or infringe upon any copyright or other proprietary right of any other person or

entity, and;

• Apprentice will hold the Company harmless from all accidents and related incidents.

Apprentice hereby disclaims and represents and warrants that Apprentice does not own,

beneficially or of record, any rights or interests in the Company or the Subsidiary or any of

their assets, including intellectual property and Proprietary Information.

Each party agrees to indemnify the other(s) for any loss, liability or expense resulting from the

actual breach of these warranties.

14. Applicable Law

This agreement will be governed by the laws of the state of ______________.

15. Dispute Resolution

If a dispute arises under this agreement, we agree to first try to resolve it with the help of a

mutually agreed-upon mediator in the following location: _______________City/State.

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Any costs and fees other than attorney fees associated with the mediation will paid for by the

party bringing forth the dispute. If it proves impossible to arrive at a mutually satisfactory

solution through mediation, we agree to submit the dispute to binding arbitration at the

following location: _____________________________City/State under the rules of the

American Arbitration Association. Judgment upon the award rendered by the arbitration may

be entered in any court with jurisdiction to do so.

16. Attorney Fees

If any legal action is necessary to enforce this agreement, the prevailing party shall be entitled

to reasonable attorney fees, costs and expenses in addition to any other relief to which he or

she may be entitled.

SIGNATURES

Approved and authorized by the NBBQA:

Name:

Title:

Date:

Signature: __________________________

Approved and authorized by the Company:

Name:

Company:

Date:

Signature: __________________________

Approved and authorized by the Mentor:

Name:

Date:

Signature: __________________________

National Barbecue Association

1833 Centre Point Cr.

Suite 123

Naperville, IL 60563

info@nbbqa.org

630-596-9003

630-544-5055 (fax)