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Executive Employment Agreement Template
Define executive role expectations, compensation, and exit terms with this Executive Employment Agreement Template.
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Executive Employment Agreement Template
This Executive Employment Agreement (the “Agreement”) is entered into as of [Effective Date] by and between:
Company: [Company Legal Name], with its principal place of business at [Address] (“Company”).
Executive: [Executive Full Name], residing at [Address] (“Executive”).
Company and Executive may be referred to individually as a “Party” and collectively as the “Parties.”
1. Position and Duties
1.1 Title. Executive’s title is [Title].
1.2 Start Date. Executive’s employment begins on [Start Date].
1.3 Duties. Executive will perform the duties customary for the position and as assigned by the Company, including: [Key responsibilities].
1.4 Reporting. Executive reports to: [Board/CEO/etc.].
1.5 Work Location. Primary work location: [Location] (remote/hybrid rules: [Policy]).
1.6 Full-Time Efforts. Executive will devote full business time and attention to the Company, except: [Permitted outside activities].
2. Term of Employment
2.1 Term. ☐ At-will employment ☐ Fixed term until [Date] ☐ Initial term of [] months/years with renewals.
2.2 Renewal (If Applicable). Automatic renewal: ☐ Yes ☐ No. If yes: renewal period [], unless notice given by [__] days.
3. Compensation
3.1 Base Salary. $[Amount] per year, paid: ☐ Biweekly ☐ Semi-monthly ☐ Monthly.
3.2 Bonus (Optional). Executive is eligible for: ☐ Discretionary bonus ☐ Performance bonus under: [Plan/metrics].
3.3 Equity/Incentives (Optional). Executive may be eligible for equity or incentives under: [Equity plan], subject to Board approval.
3.4 Commissions (Optional). [Terms].
3.5 Deductions. Compensation is subject to required payroll deductions and withholdings.
4. Benefits and Expenses
4.1 Benefits. Executive is eligible for Company benefits offered to similarly situated executives, including: [Health, retirement, etc.].
4.2 Vacation and Leave. Vacation: [__] days per year; additional leave per Company policy.
4.3 Expenses. Company will reimburse reasonable business expenses upon documentation, subject to Company policy.
4.4 Relocation (Optional). [Relocation terms].
5. Confidentiality and Company Property
5.1 Confidential Information. Executive will protect Company confidential information and use it only for Company business.
5.2 Return of Property. Upon termination, Executive will return all Company property and confidential materials.
6. Intellectual Property
6.1 Work Product. All inventions, works, and developments created in the scope of employment belong to the Company, to the extent permitted by law.
6.2 Assistance. Executive will sign documents reasonably needed to confirm Company ownership.
7. Outside Activities and Conflicts
7.1 No Conflicts. Executive will avoid conflicts of interest and disclose potential conflicts.
7.2 Outside Work. Executive may not provide services to competing businesses during employment, and outside work requires: ☐ Approval ☐ Disclosure only ☐ Not permitted.
8. Policies and Compliance
8.1 Policies. Executive agrees to comply with Company policies, including: [Code of conduct, security, etc.].
8.2 Legal Compliance. Executive will comply with applicable laws and regulations.
8.3 Background Checks (Optional). Employment is contingent on: [Background/drug checks], where permitted.
9. Termination
9.1 Termination by Company (For Cause). Company may terminate for Cause, including: [Misconduct, fraud, breach, etc.].
9.2 Termination by Company (Without Cause). Company may terminate without Cause with [] days’ notice (or pay in lieu).
9.3 Resignation. Executive may resign with [] days’ notice.
9.4 Termination for Good Reason (Optional). Executive may resign for Good Reason if: [Trigger events], after notice and cure period.
10. Severance (Optional)
10.1 Severance Eligibility. Severance applies if termination is: ☐ Without Cause ☐ For Good Reason ☐ Other: [Trigger].
10.2 Severance Benefits. [Amount, duration, benefits continuation].
10.3 Release Requirement. Severance is conditioned on Executive signing a release of claims, if permitted by law.
11. Restrictive Covenants (Optional)
11.1 Non-Solicitation. For [__] months after termination, Executive will not solicit Company employees or customers, where enforceable.
11.2 Non-Compete (Optional). ☐ Not included ☐ Included (jurisdiction-specific): [Terms].
11.3 Non-Disparagement (Optional). [Terms].
12. Dispute Resolution
12.1 Informal Resolution. Parties will attempt good-faith resolution first.
12.2 Forum. Disputes will be resolved by: ☐ Arbitration ☐ Court in [County/State].
12.3 Attorneys’ Fees (Optional). [Prevailing party fees], if permitted.
13. Miscellaneous
13.1 Governing Law. This Agreement is governed by the laws of [State/Country].
13.2 Entire Agreement. This Agreement is the entire agreement and supersedes prior discussions.
13.3 Amendments. Amendments must be in writing and signed by both Parties.
13.4 Severability. If any provision is unenforceable, the rest remains effective.
13.5 Electronic Signatures. Electronic signatures are effective.
Signatures
By signing below, the Parties agree to this Executive Employment Agreement as of the Effective Date.
Company: [Company Legal Name]
Authorized Signatory: [Name]
Title: [Title]
Date: [Date]
Signature: ___________________________
Executive: [Executive Full Name]
Date: [Date]
Signature: ___________________________
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Executive Employment Agreement Template
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For quick answers, scroll below to see the FAQ.
Click below for detailed info on the template.
For quick answers, scroll below to see the FAQ.
EXECUTIVE EMPLOYMENT AGREEMENT TEMPLATE FAQ
What is an executive employment agreement?
An Executive Employment Agreement is a contract between a company and an executive (such as a CEO, CFO, COO, or VP) that defines the executive’s role, compensation, benefits, and key legal terms. It typically includes confidentiality, intellectual property, termination rules, and sometimes severance or change-in-control protections.
What is usually included in an executive employment agreement?
Common sections include: job title and duties, reporting structure, start date and term, salary and bonus, equity or incentive plans (if any), benefits and expenses, confidentiality and IP, non-solicitation (and sometimes non-compete where allowed), performance expectations, termination types (for cause/without cause/resignation), severance (if applicable), and dispute resolution.
How is executive compensation typically structured?
Executive compensation often includes base salary plus performance bonuses, incentives, and benefits. Some agreements also reference equity plans, commission arrangements, or relocation assistance. This template includes optional fields so you can tailor the structure.
What is “termination for cause” and why does it matter?
Termination “for cause” generally means the executive engaged in serious misconduct, fraud, breach of duties, or repeated failure to perform after notice. It matters because it often affects severance, vesting, and post-employment benefits. This template includes a customizable definition.
Do you need a separate confidentiality or IP agreement?
Often no, because executive agreements typically include robust confidentiality and IP terms. However, some companies also require separate policies or agreements (like invention assignment or equity documents). This template can reference those documents if needed.
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