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hey,
heres the contract for a company i am hoping to work for in feb 2009, there are a few things i think are a bit fishy,
HOUSING, expected to work saturdays, holidays can only be taken 6 days at a time(what if u i want to go home to visit family?) oh and they say i cant work for anyone else for 6 months AFTER leaving kids gallery.....i would massively appreciate feedback, i have taught in shanghai, and had my fingers burned with scam artist bosses that dont give a crap about you or the children your teaching....


SECTION 1. Employment Duties.

(a) The Employer hereby engages and employs the Employee, and the Employee hereby accepts such engagement and employment, as an instructor of the Employer.

(b) The Employee shall work Mondays through Saturdays from the hours of 9:15am to 6:30pm (Subject to change depending on class time)

(c) The Employee shall devote her full business time, efforts and energies to the proper discharge of her duties and responsibilities under this Agreement and to the business and affairs of the Employer.

(d) The Employee shall be allowed to exercise creative freedom, so long as it remains within the Kids� Gallery franchise guidelines.

SECTION 2. Term. The Employee�s employment hereunder shall be for either (a) a term of 1 year commencing _____ __, 2009 (�Effective Date�), (b) a term of 2 years commencing on the Effective date, in which case the Employee will receive a 2% increase in the Base Salary compensation during the second year. The Employee shall determine the term of employment upon her return to Korea.

SECTION 3. Compensation.

(a) As compensation for the performance of her duties on behalf of the Employer, the Employee, assuming that the Employee is still employed by the Employer to be eligible for such compensation set forth below, shall be compensated a base salary of US $32,000 per annum (the �Base Salary�), if converted to KRW, at a fixed exchange rate of 1200 KRW per US $1.

(b) Other Benefits.

(i) The Employee shall be entitled, during the term of this Agreement, to vacation time of 24 working days per annum; Vacation days must be scattered with no more than a 6 working days absence at one time.

(ii) Basic health care coverage, excluding dental coverage;

(iii) Maximum of 3 sick days per annum (additional sick days shall be deducted from the 24 vacation days indicated in Section 3(b)(i));

(iv) For housing, the employer will put up the key money deposit and basic furnishings; the Employee shall pay monthly rent up to a maximum of KRW 700,000 per month (the Employer shall cover rent cost beyond KRW 700,000 per month);Employee is responsible for own utility costs.

(v) One roundtrip economy class plane ticket per annum up to the value of KRW 1,000,000 (the Employee shall cover any costs above this amount);

(vi) Sponsorship for a working visa in Korea;


SECTION 4. Non-Competition. The Employee�s position in and her services to the Employer are special and unique. She agrees that, during the term of this Agreement, and for a period of six months from the date of termination of her employment hereunder, she shall not in any manner, directly or indirectly, herself work for (whether with or without consideration), or enter into, or engage in any business on her own account as a proprietor, or as agent, consultant, salesperson, officer, director or shareholder on behalf of or in partnership or joint venture as member/partner/principal/owner with any person, firm, partnership, joint venture, corporation or other business entity ("Person�), whose business is competitive with the Employer�s business (including all subsidiaries of the Employer, if any, and any business ventures in which the Employer or its subsidiaries, if any, may participate) or who is operating or intending to operate within the area that the Employer is, during the term hereof and as of the date of termination, conducting or actually planning to conduct its business.

SECTION 5. Confidential Information. The Employee agrees that at any time during or after the term of this Agreement, she will not, directly or indirectly, without prior written authorization of the Employer, disclose or make accessible to any other Person other than the Employer, any Confidential Information (as defined below). �Confidential Information� means any and all information not in public domain and proprietary of and private only to the Employer, including, without limitation, information relating to products, processes, technologies, trade secrets, structures, ideas, works of authorship, copyrightable works, trademarks, copyrights, product concepts, techniques, information or statistics, compounds, inventions, know-how, designs, specifications, formulas, methods, samples, materials, developmental or experimental work, improvements, discoveries, past, current, planned and future research and other data, databases, software, manuals, internal policies and procedures, strategies, forecasts, sketches, records, notes, devices, drawings, licenses, term sheets, prices, costs, financial information, budgets, projections, marketing, selling and business plans, of the Employer or any of its clients, suppliers, licensors, licensees, customers or other person or entity related to or doing business with the Employer, and information regarding the skills, responsibilities, performance and compensation of executives and other representatives of the Employer and such other related parties together with all analyses, compilations, studies or other documents which contain or otherwise reflect or are derived from such information. The Employee agrees, at any time during her employment with the Employer, not to take any such material or reproductions thereof from the Employer�s facilities, except as required in the performance of the Employee�s duties to the Employer. The Employee agrees immediately to return all such material and reproductions thereof in Employee�s possession to the Employer upon request and in any event upon termination of employment.

SECTION 6. Non-Solicitation. During the term of this Agreement and for six months thereafter, the Employee shall not, directly or indirectly, without the prior written consent of the Employer:

(a) interfere with, disrupt or attempt to disrupt any past, present or prospective relationship, contractual or otherwise, between the Employer and any of its licensors, licensees, clients, customers, suppliers, employees, students or other related parties, or solicit or induce for hire any of the employees, agents, consultants or advisors of the Employer or any employee who has left the employment of the Employer within six months of the termination of said employee�s employment with the Employer; or

(b) solicit or accept employment or be retained by any party who, at any time during the term of this Agreement, was a customer, licensor, licensee, client or supplier of the Employer where her position will be related to the business of the Employer; or

(c) solicit or accept the business of any customer, student, licensor, licensee, client or supplier of the Employer with respect to services similar to those supplied by the Employer.

SECTION 7. Termination.

(a) Termination Without Cause. If, at any time during the first year of this Agreement, the Employer terminates the Employee�s employment without cause, the Employer shall pay the Employee only such compensation as required pursuant to the Korean labor laws.

(b) Termination For Cause. The Employer has the right and may elect to forthwith terminate this Agreement and the Employee�s employment hereunder For Cause. Termination For Cause shall not afford the Employee with any of the protections provided under the Korean labor laws. Any of the following actions or omissions by the Employee shall constitute a �For Cause� termination event:

(i) Conviction of any felony, reasonably determined by the Employer to involve moral turpitude or dishonesty;

(ii) Use of drugs without a prescription reasonably determined by the Employer to be habitual;

(iii) Use of alcohol reasonably determined by the Employer to be habitual or excessive;

(iv) Acts or omissions involving willful or intentional malfeasance, misconduct or negligence that is injurious to the Employer in terms of financial and reputation damage.

(v) Commission of any act of fraud or criminal act against the Employer or its staffs;

(vi) Acts or omissions constituting a material breach of the Employee�s obligations under this Agreement or any other agreements entered into by such parties; and

(vii) Misrepresentation of credentials and/or certifications related to employment the position.

(c) Termination by the Employee. The Employee may at any time, terminate the employment relationship upon 60 days� prior written notice. In such instance of termination by the Employee, the Employee shall pay to the Employer 2 months of the Base Salary and the round trip plane fare if the employee has used it prior to termination during the contract time.

SECTION 8. Entire Agreement; Modification. This Agreement, constitutes the entire agreement of the parties pertaining to their subject matter, and all prior or contemporaneous understandings or agreements, whether written or oral, between the parties with respect to such subject matter are hereby superseded in the entirety. The parties have made no agreements, representations or warranties relating to the subject matter of this Agreement that are not set forth herein and no agreement, understanding or promise subsequent to the date hereof relating to the subject matter of this Agreement or otherwise between or by any of the parties hereto shall be binding upon either party unless in writing and executed by both the parties and neither party shall be entitled to rely on oral statements made by the other party which are not contained in a written agreement between such parties. The Agreement set forth herein may be modified, amended or waived only by separate written agreement of each of the parties expressly so modifying, amending or waiving such agreement. The waiver by either party of compliance with any provision of this Agreement shall not operate or be construed as a waiver of such party of any other provision of this Agreement.

SECTION 9. Binding Effect. The rights, benefits, duties and obligations under this Agreement shall inure to, and be binding upon, the Employer, its successors and assigns, and upon the Employee and her legal representatives. This Agreement constitutes a personal service agreement, and the performance of the Employee�s obligations hereunder may not be transferred or assigned by the Employee.

SECTION 10. Non-Waiver. The failure of either party to insist upon the strict performance of any of the terms, conditions and provisions of this agreement shall not be construed as a waiver or relinquishment of future compliance therewith, and said terms, conditions and provisions shall remain in full force and effect. No waiver of any term or condition of this Agreement on the part of either party shall be effective for any purpose whatsoever unless such waiver is in writing and signed by such party.

SECTION 11. Governing Law. This Agreement shall be governed by, and construed and interpreted in accordance with, Korean law and both the Employer and the Employee hereby submit to the exclusive jurisdiction of the Korea courts in determination of any dispute they may have over the interpretation and/or performance of this Agreement. Korean law still applies even if the parties subsequently agree to waive their agreement on jurisdiction and agree for any other court or forum to assume jurisdiction over their dispute.

SECTION 12. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument.

SECTION 13. Third Party Beneficiaries. This Agreement is for the benefit of the parties hereto and their permitted successors and assigns, and not intended to confer upon any other Person, any rights or remedies hereunder.

SECTION 14. Headings. The headings of Sections are inserted for convenience and shall not affect any interpretation of this Agreement.


IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first above written.