Sample Business Contracts

Employment Agreement - Rick's Cabaret International Inc. and Eric Langan

Employment Forms

  • Employment Agreement. Employers can customize an employment agreement that states the salary, benefits, working hours and other important provisions for their new or existing employee.
  • Consulting Agreement. Answer simple questions to build a contract with a consultant. Specify the services rendered, when payment is due, as well as IP rights.
  • Commission Agreement. Employers who compensate their sales employees based on commissions can prepare an agreement to reduce misunderstandings by specifying the base salary and how commissions are calculated.
  • Executive Employment Agreement. Companies may offer their business executives a contract that is different from the one provided to their regular employees. Executive employment agreements may be more complex because the compensation structure may include a combination of salary and commissions, provide for bonuses based on sales, stock or other financial targets, and include non-compete, confidentiality and severance provisions.
  • Sales Representative Contract. Independent sales representatives offer companies the potential to increase the sale of products or services without the burden of increasing headcount. Both parties should understand how commissions are calculated, when commissions will be paid, as well as how the representative will treat confidential information from the company and whether the representative may also sell a competing line of products or services.
  • More Employment Agreements

Sponsored Links

                              EMPLOYMENT AGREEMENT

     This  Employment  Agreement (the "Agreement"), entered into as of the _____
day  of August, 1998, by and between RICK'S CABARET INTERNATIONAL, INC., a Texas
corporation  (the  "Company"),  and  ERIC  LANGAN  ("Executive").

                              W I T N E S S E T H:
                              - - - - - - - - - -

     WHEREAS,  Company  desires  to  employ  Executive  as  provided herein; and

     WHEREAS,  Executive  desires  to  accept  such  employment.

     NOW,  THEREFORE,  for  and  in  consideration  of  the mutual covenants and
agreements  contained herein, and for other good and valuable consideration, the
receipt  and  sufficiency  of  which are hereby acknowledged, the parties hereto
agree  as  follows:

     1.     Employment.  Company  hereby  employs Executive and Executive hereby
accepts  employment  with  Company upon the terms and conditions hereinafter set

     2.     Duties.  Subject  to  the power of the Board of Directors of Company
to  elect  and  remove  officers,  Executive  will serve the Company as its vice
president-operations and will faithfully and diligently perform the services and
functions  relating  to  such  office  or  otherwise reasonably incident to such
office,  provided  that  all  such services and functions will be reasonable and
within  Executive's  area of expertise.  Executive will, during the term of this
Agreement  (or  any extension thereof), devote his full business time, attention
and  skills  and  best efforts to the promotion of the business of Company.  The
foregoing  will not be construed as preventing Executive from making investments
in  other  businesses  or  enterprises provided that (a) Executive agrees not to
become  engaged  in any other business activity that interferes with his ability
to  discharge  his duties and responsibilities to Company and (b) Executive does
not  violate  any  other  provision  of  this  Agreement.

     3.     Term.  Subject  to  the  terms  and  conditions  hereof, the term of
employment  of  Executive will commence as of the date hereof (the "Commencement
Date") and will end on that date in the year, 2001, unless earlier terminated by
either  party  pursuant  to  the  terms  hereof.  The  term of this Agreement is
referred  to  herein  as  the  "Term."

     4.     Compensation  and  Benefits  During  the  Employment  Term.

          (a)     Salary.  Commencing upon the date of this Agreement, Executive
will  be  paid  an  annual  base  salary  of  $171,600,  payable  bi-weekly (the
"Salary").  At  any  time  and from time to time the Salary may be increased for
the  remaining portion of the term if so determined by the Board of Directors of
Company  after  a  review  of  Executive's  performance of his duties hereunder.

          (b)      Stock Options.  On the Commencement Date, the Company and the
Executive  shall  enter  into  a  Stock  Option  Agreement pursuant to which the

Company  grants  Executive  options  (the  "Options")  to  purchase  (i) 100,000
shares  of  common stock ("Common Stock") exercisable at   $1.875  per share and
(ii) 150,000 shares of Common Stock exercisable at $__ per share to be issued to
Executive  upon the increase of the Company's stock option plan, all vesting one
year  from  the  date  of  execution  hereof.

          (c)     Expenses.  Upon  submission  of  a  detailed  statement  and
reasonable documentation, Company will reimburse Executive in the same manner as
other  executive  officers  for  all  reasonable  and  necessary  or appropriate
out-of-pocket  travel  and  other  expenses  incurred  by Executive in rendering
services  required  under  this  Agreement.

          (d)     Benefits;  Insurance.

               (i)     Medical,  Dental  and  Vision  Benefits.  During  this
Agreement,     Executive  and  his  dependents  will be entitled to receive such
group  medical,  dental  and     vision  benefits  as Company may provide to its
other  executives,  provided  such  coverage  is     reasonably available, or be
reimbursed  if  Executive  is  carrying  his  own  similar  insurance.

               (ii)     Benefit  Plans.  The  Executive  will  be  entitled  to
participate  in  any     benefit  plan  or  program  of  the  Company  which may
currently  be  in  place  or  implemented     in  the  future.

               (iii)     Other  Benefits.  During  the  Term,  Executive will be
entitled to receive,     in addition to and not in lieu of base salary, bonus or
other  compensation,  such  other benefits     and normal perquisites as Company
currently  provides  or  such additional benefits as     Company may provide for
its  executive  officers  in  the  future.

          (e)     Vacation.  Executive  will  be  entitled  to  two  weeks  paid
vacation  each  year  of  this  Agreement.

     5.     Confidentiality.  In  the  course  of the performance of Executive's
duties  hereunder, Executive recognizes and acknowledges that Executive may have
access  to certain confidential and proprietary information of Company or any of
its  affiliates.  Without  the prior written consent of Company, Executive shall
not  disclose  any such confidential or proprietary information to any person or
firm,  corporation,  association,  or  other  entity  for  any reason or purpose
whatsoever,  and  shall  not  use  such information, directly or indirectly, for
Executive's  own  behalf  or on behalf of any other party.  Executive agrees and
affirms  that  all  such information is the sole property of Company and that at
the  termination  and/or  expiration  of  this  Agreement,  at Company's written
request, Executive shall promptly return to Company any and all such information
so  requested  by  Company.

          The  provisions  of  this  Section  5  shall  not,  however,  prohibit
Executive  from  disclosing  to  others or using in any manner information that:

          (a)     has  been  published  or  has become part of the public domain
other  than  by  acts,  omissions  or  fault  of  Executive;

          (b)     has been furnished or made known to Executive by third parties
(other  than  those acting directly or indirectly for or on behalf of Executive)
as  a  matter  of  legal  right  without  restriction  on its use or disclosure;

          (c)     was  in  the  possession  of Executive prior to obtaining such
information  from  Company in connection with the performance of this Agreement;

          (d)     is  required  to  be  disclosed  by  law.

     6.     Indemnification.  The Corporation shall to the full extent permitted
by  law  or  as set forth in the Articles of Incorporation and the Bylaws of the
Company,  indemnify, defend and hold harmless Executive from and against any and
all  claims,  demands,  liabilities,  damages,  loses  and  expenses  (including
reasonable  attorney's  fees,  court costs and disbursements) arising out of the
performance  by  him  of  his duties hereunder except in the case of his willful

     7.     Termination.  This Agreement and the employment relationship created
hereby  will  terminate  (i)  upon  the  death  or disability of Executive under
section  7  (a)  or  7  (b); (ii) with cause under Section 7 (c); (iii) for good
reason under Section 7 (d); (iv) upon the voluntary termination of employment by
Executive  under  Section  7  (e);  or  (v)  without  cause under Section 7 (f).

          (a)     Disability.  The Company shall have the right to terminate the
employment  of  the  Executive  under this Agreement for disability in the event
Executive  suffers  an  injury,  illness,  or incapacity of such character as to
substantially  disable  him  from  performing  his  duties  without  reasonable
accommodation  by  the  Company  hereunder for a period of more than one hundred
eighty  (180) consecutive days upon the Company giving at least thirty (30) days
written  notice  of  termination.

          (b)     Death.  This  Agreement  will  terminate  on  the Death of the

          (c)     With  Cause.  The  Company may terminate this Agreement at any
time  because  of  (i) Executive's material breach of any term of the Agreement,
(ii)  the  determination  by  the  Board  of  Directors  in  the exercise of its
reasonable  judgment  that Executive has committed an act or acts constituting a
felony  or  other crime involving moral turpitude, dishonesty or theft or fraud;
or  (iii)  Executive's  gross  negligence  in  the  performance  of  his  duties
hereunder, provided, in each case, however, that the Company shall not terminate
this Agreement pursuant to this Section 7(c) unless the Company shall first have
delivered  to  the Executive, a notice which specifically identifies such breach
or  misconduct  and  the  executive shall not have cured the same within fifteen
(15)  days  after  receipt  of  such  notice.

          (d)     Good  Reason.  The  Executive may terminate his employment for
"Good  Reason"  if:

               (i)     he  is assigned, without his express written consent, any
duties     materially inconsistent with his positions, duties, responsibilities,
or  status  with  the  Company     as  of  the  date  hereof, or a change in his
reporting  responsibilities  or  titles  as in effect as of     the date hereof;

               (ii)     his  compensation  is  reduced;

               (iii)     the  Company  does  not  pay  any  material  amount  of
compensation  due     hereunder  and then fails either to pay such amount within
the  ten  (10)  day  notice  period     required for termination hereunder or to
contest in good faith such notice.  Further, if such     contest is not resolved
within  thirty  (30)  days,  the  Company  shall  submit  such  dispute  to
arbitration  under  Section  14.

          (e)     Voluntary  Termination.  The  Executive  may  terminate  his
employment  voluntarily.

          (f)     Without  Cause.  The  Company  may  terminate  this  Agreement
without  cause.

     8.     Obligations  of  Company  Upon  Termination,

          (a)     In  the  event  of  the  termination of Executive's employment
pursuant  to  Section  7  (c)  or  (e),  Executive  will be entitled only to the
compensation  earned  by  him hereunder as of the date of such termination (plus
life  insurance  or  disability benefits), plus the rights to those Options that
have  vested  as  of  the  termination  date.

          (b)     In  the  event  of  the  termination of Executive's employment
pursuant  to  Section  7  (a)  or  (b),  Executive  will be entitled only to the
compensation  earned  by  him hereunder as of the date of such termination (plus
life  insurance  or disability benefits), plus the rights to all Options, vested
or  not  vested,  under  the same terms as if this Agreement was not terminated.

          (c)     In  the  event  of  the  termination of Executive's employment
pursuant to Section 7 (d) or (f), Executive will be entitled to receive $250,000
cash at such time as this Agreement is terminated, all payments of salary earned
through  the  date  of termination in one lump sum, and Executive shall have the
rights  to  all  Options,  vested or not vested, under the same terms as if this
Agreement  had  not  terminated.

     9.     Waiver of Breach.  The waiver by any party hereto of a breach of any
provision  of this Agreement will not operate or be construed as a waiver of any
subsequent  breach  by  any  party.

     10.     Costs.  If  any  action at law or in equity is necessary to enforce
or  interpret the terms of this Agreement, the prevailing party will be entitled
to  reasonable attorney's fees, costs and necessary disbursements in addition to
any  other  relief  to  which  he  or  it  may  be  entitled.

     11.     Notices.  Any  notices,  consents, demands, requests, approvals and
other  communications  to  be  given under this Agreement by either party to the
other  will be deemed to have been duly given if given in writing and personally
delivered  or  within two days if sent by mail, registered or certified, postage
prepaid  with  return  receipt  requested,  as  follows:

          If  to  Company:    Rick's  Cabaret  International,  Inc.
                              3113  Bering  Drive
                              Houston,  Texas  77057
                              Attention:  Robert  L.  Watters

          If  to  Executive:  Eric  Langan
                              14514  Kingshead  Drive
                              Houston,  Texas  77044

     Notices  delivered  personally  will  be  deemed  communicated as of actual

     12.     Entire  Agreement.  This  Agreement and the agreements contemplated
hereby  constitute  the  entire  agreement  of the parties regarding the subject
matter  hereof,  and  supersede  all  prior  agreements  and understanding, both
written and oral, among the parties, or any of them, with respect to the subject
matter  hereof.

     13.     Severability.  If  any  provision  of  this Agreement is held to be
illegal,  invalid or unenforceable under present or future laws effective during
this  Agreement,  such provision will be fully severable and this Agreement will
be construed and enforced as if such illegal, invalid or unenforceable provision
never  comprised  a part hereof; and the remaining provisions hereof will remain
in  full  force  and  effect and will not be affected by the illegal, invalid or
unenforceable  provision  or by its severance herefrom.  Furthermore, in lieu of
such  illegal,  invalid  or  unenforceable  provision  there  will  be  added
automatically  as  part of this Agreement a provision as similar in its terms to
such  illegal,  invalid  or  unenforceable  provision  as may be possible and be
legal,  valid  and  enforceable.

     14.     Arbitration.  If  a  dispute should arise regarding this Agreement,
the parties agree that all claims, disputes, controversies, differences or other
matters  in  question arising out of this relationship shall be settled finally,
completely  and conclusively by arbitration in Houston, Texas in accordance with
the  Commercial  Arbitration  Rules of the American Arbitration Association (the
"Rules").  The  governing  law of this Agreement shall be the substantive law of
the  State  of  Texas, without giving effect to conflict of laws.  A decision of
the  arbitrator  shall  be  final,  conclusive  and  binding  on the Company and
Executive.  Any  arbitration  held  in  accordance  with this paragraph shall be
private  and confidential and no person shall be entitled to attend the hearings
except the arbitrator, Executive, Executive's attorneys, a representative of the
Company,  the  Company's  attorneys, and advisors to or witnesses for any party.
The  matters  submitted  to  arbitration,  the  hearings and proceedings and the
arbitration  award  shall  be kept and maintained in the strictest confidence by
Executive  and the Company and shall not be discussed, disclosed or communicated
to  any  persons  except  as  may  be  required  for  the  preparation of expert
testimony.  On  request  of  any  party,  the  record of the proceeding shall be
sealed  and  may  not  be  disclosed except insofar, and only insofar, as may be
necessary  to enforce the award of the arbitrator and any judgement enforcing an
award.  The  prevailing  party  shall  be  entitled  to  recover  reasonable and
necessary  attorneys'  fees  and  costs  from  the  non-prevailing party and the
determination  of such fees and costs and the award thereof shall be included in
the  claims  to  be  resolved  by  the  arbitrator  hereunder.

     15.     Captions.  The  captions  in  this Agreement are for convenience of
reference  only  and  will  not  limit  or  otherwise affect any of the terms or
provisions  hereof.

     16.     Gender  and  Number.  When  the context requires, the gender of all
words used herein will include the masculine, feminine and neuter and the number
of  all  words  will  include  the  singular  and  plural.

     17.     Counterparts.  This  Agreement  may  be  executed  in  one  or more
counterparts,  each  of  which  will be deemed an original and all of which will
constitute  one and the same instrument, but only one of which need be produced.

     18.     Company  Authorization.  The  Company  represents that the Board of
Directors  has  approved  this  Agreement.

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


                              RICK'S  CABARET  INTERNATIONAL,  INC.

                              By:  /s/ Robert L. Watters
                                    Robert  L.  Watters,  President



                              By:  /s/ Eric  Langan
                                    Eric  Langan