IN CONSIDERATION OF SERVICES TO BE PERFORMED BY TEACHER PLACEMENT SERVICES I AGREE AS FOLLOWS: (1) When I accept a position, I will immediately arrange to pay Teacher Placement Services (hereinafter referred to as Agency) a commission for services rendered in accordance with the schedule contained in section 2 of this contract. Commission fees are based on and subject to the schedules set forth in the article listed below, FEES (SECTION 185), providing agency was instrumental in securing such position. If employment in such position is terminated the commission fees are subject to the attached article RETURN OF FEES (SECTION 186). This is a continuous agreement and is in force for both present requests or referrals and any future assistance of any kind whatsoever by the Agency which may result in employment for myself. (2) For services rendered in my behalf by Agency, I agree and promise to pay the full placement fee in accordance with the following schedule of fees: SCHEDULE OF FEES Where such full month's salary or wages is: Less than $750......................................................25% At least $750 but less than $ 950.......................35% At least $950 but less than $1150......................40% At least $1150 but less than $1350......................45% At least $1350 but less than $1500......................50% At least $1500 but less than $1650......................55% At least $1650 or more.......................................60% (3) METHOD OF PAYMENT: The full fee is payable immediately upon ACCEPTANCE OF EMPLOYMENT. It is understood and agreed I will appear in person at the Agency within five (5) business days after accepting a position and will at that time make arrangements to pay the full amount due as the placement fee. If payment in full is not made within fifteen (15) days from date of acceptance of employment, I agree to execute a schedule of payments for said placement as follows: If paid weekly I wiIl pay the fee at a rate of ten equal weekly installments each of which shall be payable at the end of the first ten weeks of employment, or if paid less frequently, in five equal installments each of which shall be payable at the end of the first five pay periods following my employment or within a period of ten weeks, whichever period is longer. NOTE: (a) DEFAULT CHARGE IN EVENT OF LATE PAYMENT. If any installment is not paid within fifteen (15) days after it is due, a charge will be payable by applicant as follows: ten percent (10%) of the unpaid installment or 10 dollars ($10.00), whichever is less. (b) If a scheduled payment is not made within four (4) weeks of the due date, I authorize the Agency to take appropriate steps to collect the full amount of the fee and I agree to pay twenty-five percent (25%) over and above the employment service fee as attorney fees, PLUS all other costs of collection including court costs should it become necessary to obtain counsel, a collection service or resort to court action to collect said fee. I further understand and agree that I am to be personally and individually liable and responsible for the payment of any placement fee regardless of any arrangement that I make with my employer. (4) ACCEPTANCE OF EMPLOYMENT: Acceptance of Employment means agreement by me with an employer to begin work either by (a) the actual signing of a contract or (b) the oral or written acceptance of an offer preliminary to or in lieu of the signing of a formal contract or agreement. If such an agreement occurs directly after my first contact with the employer or within twelve (12) months from the date of the referral, I agree to pay the employment fee in full. Relief from the fees or terms of this contract shall not be allowed because of alleged or actual misrepresentation by the employer of the circumstances of the school or community. It is my responsibility to judge the veracity and sincerity of the hiring official and/or to personally investigate the school and community before giving either ORAL or WRITTEN acceptance. (5) NATURE OF NOTICE: The nature of securing a position is such that I agree the services of the Agency will have been "instrumental" in securing a position (a) where the agency has notified me either verbally or in written form of a position at the institution of school district where I am ultimately employed, or (b) where the Agency has represented me initially and sent supporting data, or (c) if any institution or school district to which I have been referred by the Agency should refer me to any other institution or school district, and I accepted employment, such employment shall be considered as due to the Agency's efforts, or (d) whether I secured the position I applied from that institution or school district, so long as my acceptance is within twelve (12) months from the date of the referral, or (e) where the Agency has contacted and/or sent supporting data to an institution or school district upon my request. (6) SPECIAL CIRCUMSTANCES: A. Proper-notice: If I have made application for a position and thereafter the Agency notifies me that a position is open at the same institution or school district, I will inform the agency immediately upon its notification that I had previously made such application. If I fail to do so and secure such position, I will pay the Agency the regular commission since it will then have performed additional services because of my failure to inform it of my prior application. B. Temporary or Part-Time Work: (a) Temporary work is defined as employment of an indefinite duration. (b) Part-time work is defined as employment that is less than a complete school year and is of a definite duration. The fee for temporary or part-time work placement shall be ten percent (10%) of the total compensation (before deductions) actually earned not to exceed the fees stated in section two of this contract above. If the temporary or part-time placement becomes a permanent placement then the fee shall be determined by the schedule of fees in Section two of this contract above. (7) EARLY TERMINATION: If a position secured by me under this contract is terminated prior to the end of the school year through no fault of mine, the fee shall be proportionately adjusted as stated in section 6B according to the salary actually earned. If I secure a position under this contract and I fail to report or I am terminated for cause prior to the end of the school year, I agree to pay a minimum of 25% of the placement fee determined by the schedule of fees in Section two of this contract above, provided however, I agree to pay a minimum of 50% of the placement fee if I remain with my current employer or I agree to pay a fee determined by section 6B above, whichever is higher. (8) AUTHORIZATION: I authorize the agency to investigate my educational background, employment experience, references, financial responsibility, and educational qualifications, to evaluate the information obtained and to relay it to prospective employers. I hereby specifically release the Agency from any and all responsibility or liability in these actions and by signing this Contract certify to the truth of all statements made on the statement of qualifications. I acknowledge that the information given to me by the agency relevant to prospective employment is given in good faith and that it is unlawful to make false or misleading statements to an Employment Agency either orally or in writing regarding education, training, experience or references. (9) IMPORTANT: I agree to regard as confidential all information regarding vacancies supplied by the Agency; violation of this confidence will render me liable for the regular commission. (10) I agree to respond promptly to notices and letters received from the Agency; to keep the Agency notified of any changes of address; and to notify the Agency when and where a position is secured through the Agency or through other means. FEES (SECTION 185) 1. Circumstances permitting fee. An employment agency shall not charge or accept a fee or other consideration unless in accordance with the terms of a written contract with a job applicant, except for class "A" and "A1" employment, and except after such agency has been responsible for referring such job applicant to an employer or such employer to a job applicant and where as a result thereof such job applicant has been employed by the employer. The maximum fees provided for herein for all types of placements or employment may be charged to the job applicant and a similar fee may be charged to the employer provided, however, that with regards to placements in class "B" employment, a fee of up to one and one-half times the fee charged to the job applicant may be charged to the employer. By agreement with an employment agency, the employer may voluntarily assume payment of the job applicant's fee. The fees charged to employers by any licensed person conducting an employment agency for rendering services in connection with, or for providing employment in classes "A" , "A1" and "B". as hereinafter defined in subdivision four of this section where the applicant is not charged a fee shall be determined by agreement between the employer and the employment agency. No fee shall be charged or accepted for the registration of applicants for employees or employment. 2. Size of fee; payment schedule. The gross fee charged to the applicant and the gross fee charged to the employer each shall not exceed amounts enumerated in the schedules set forth in this section, for any single employment or engagement, except as hereinabove provided; and such fees shall be subject to the provisions of section one hundred eighty-six of this article. Except as otherwise provided within, an employment agency shall not require an applicant while employed in the continental United States, and paid weekly to pay any fee at a rate greater than in ten equal weekly installments each of which shall be payable at the end of the first ten weeks of employment, or if paid less frequently, in five equal installments, each of which shall be payable at the end of the first five pay periods following his employment or within a period of ten weeks, whichever period is longer. An employer's fee shall be due and payable at the time the applicant begins employment, unless otherwise determined by agreement between the employer and the agency. 3. Deposits, advance fees. Notwithstanding any of the provisions of this section, an employment agency may not require a deposit or advance fee from any applicant for class "A" or class "A1" employment, and only to the extent of the maximum fees hereinafter provided. Such deposit or advance fee shall be offset against any fee charged or accepted when such employment is obtained. Any excess above the lawful fee shall be returned without demand therefor, immediately after the employment agency has been notified that such employment has been obtained; and all of such deposit or advance fee shall be returned immediately upon demand therefor, if at the time of the demand such employment has not been obtained. 4. Types of employment. For the purpose of placing a ceiling over the fees charged by persons conducting employment agencies, types of employment shall be classified as follows: Class "A" - domestics, household employees, unskilled or untrained manual workers and laborers, including agricultural workers: (See §184 for requirements concerning out of state domestic workers.) Class "A1" - non-professional trained or skilled industrial workers or mechanics; Class "B" - commercial, clerical, executive administrative and professional employment, all employment outside the United States, and all other employment not included in classes "A","C" and "D"; Class "C" - theatrical engagements; Class "D" - nursing engagements as defined in article one hundred thirty-nine of the education law. 5. Fee ceiling: For a placement in Class "A" employment the gross fee, including the deposit if any, shall not exceed, in percentage of the first month's salary or wages the following: where no meals or lodging are provided..................................10% where one meal per working day is provided...........................12% where two meals per working day are provided........................14% where three meals and lodging per working day are provided....18% Where all parties to the employment agreement understand or agree at the time the employment is entered into that it shall be for a period shorter than one month, the gross fee shall not exceed ten percent, twelve percent, fourteen percent or eighteen percent of the wages or salary actually received. 6. Fee ceiling: For a placement in Class "A1" employment the gross fee shall not exceed one weeks wages where all parties to the employment agreement understand or agree at the time the employment is entered into that it shall be for a period for ten weeks or more. Where all parties to the employment contract agree and understant at the time the employment contract is entered into that it shall be for a period shorter than ten weeks, the gross fee shall not exceed ten percent of the wages or salary actually received. 7. Fee ceiling: For a placement in Class "B" employment the gross fee shall not exceed, in percentage of the first full month's salary or wages, the following: Where such full month's salary or wages is: Less than $750......................................................25% At least $750 but less than $ 950.......................35% At least $950 but less than $1150......................40% At least $1150 but less than $1350......................45% At least $1350 but less than $1500......................50% At least $1500 but less than $1650......................55% At least $1650 or more........................................60% RETURN OF FEES (SECTION 186) 1. Excessive fee: Any employment agency which collects, receives or retains a fee or other payment contrary to or in excess of the provisions of this article, shall return the fee or the excess portion thereof within seven days after receiving a demand therefor. 2. Failure to report: If a job applicant accepts employment and thereafter fails to report for work, the gross fee charged to such applicants shall not exceed twenty-five percent of the maximum fee allowed by section one hundred eighty-five of this article, provided however, if the applicant remains with his same employer, the fee shall not exceed fifty percent. If a job applicant accepts employment and fails to report to work, no fee shall be charged to the employer. 3. Termination without employee's fault: If a job applicant accepts employment and reports for work, and thereafter such employment is terminated without fault of the employee, the gross fee charged to such employee and to the employer each shall not exceed ten percent of the salary or wages received by such employee, and in no event shall such fee exceed the maximum fee allowed by section one hundred eighty-five of this article. However, if such employee is a domestic or household employee recruited from a state outside of this state the fee of the employer shall not exceed thirty-three and one-third percent of the wages or salary actually earned. 4. Termination under all other circumstances: If a job applicant accepts employment and reports for work, and thereafter such employment is terminated under any other circumstances, the gross fee charged to such employee and the employer shall not exceed fifty percent of the salary or wages received by such employee, and in no event shall such fee exceed the maximum fee allowed by section one hundred eighty-five of this article.