ADAMS & ADAMS

PLACEMENT AGREEMENT

Between

USA FARM LABOR, INC.

and

THE PARTY NAMED IN SCHEDULE 1

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TABLE OF CONTENTS

1. PARTIES 2

2. INTERPRETATION 2
3. INTRODUCTION 3
4. DURATION 4
5. EXCLUSIVITY 4

6. WARRANTIES 4

7. UNDERTAKINGS 4
8. LIMITATION OF LIABILITY 5
9. INDEMNITY 5

10. RESTRAINT 5
11. INTELLECTUAL PROPERTY 6

12. PENALTIES 6
13. BREACH 7
14. DISPUTE RESOLUTION 7
15. WAIVER 7

16. CONFIDENTIALITY 8
17. COSTS 8

18. GOVERNING LAW 8

19. ENTIRE AGREEMENT 8

20. GENERAL 9

21. COUNTERPARTS 9
22. ADDRESSES 9
23. SIGNATURE PAGE 11

24. SCHEDULE 1 12

25. SCHEDULE 2 13
26. SCHEDULE 3 15
27. SCHEDULE 4 17

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1. PARTIES
1.1 USA Farm Labor, Inc. (“USAFL”), a company with limited liability incorporated in
accordance with the laws of the State of North Carolina, USA; and
1.2 The Party Named in Schedule 1 (the “Worker”);
hereinafter referred to collectively as the Parties, with Party being a reference to either
one of them as context may require.
2. INTERPRETATION
2.1 The headnotes to the clauses of this Agreement are inserted for reference purposes only
and shall in no way govern or affect the interpretation hereof.
2.2 Unless inconsistent with the context, the expressions set forth below shall bear the
following meanings:
2.2.1 Agreement means this agreement including the annexures hereto;
2.2.2 Business Day means any day other than a Saturday, Sunday or public holiday in
South Africa or America;
2.2.3 Commencement Date means the commencement date referred to in the
Transaction Schedule;
2.2.4 Employer means the person or entity who is the client of USAFL and who, in
accordance with USA law, holds the necessary permits, certification, and authorization
to employ the Worker;
2.2.5 H-2A Visa means a visa which allows a foreign national to enter the USA for
temporary or seasonal agricultural work;
2.2.6 ILSO means the Independent Labor Sourcing Organization which is the entity or its
representative that recruits the Worker for the Services and introduces the Worker to
USAFL;
2.2.7 Intellectual Property Rights includes any copyright, design rights, patents,
inventions, logos, business names, service marks and trademarks, internet domain
names, moral rights, rights in databases, data, source codes, reports, drawings,
specifications, know how, business methods and trade secrets, applications for
registration, and the right to apply for registration, for any of these rights and all other
intellectual property rights and equivalent or similar forms of protection existing
anywhere in the world;
2.2.8 Restraint Period means the duration of this Agreement and a period of 24 (twenty-
four) months from the date of termination;
2.2.9 Schedule shall mean a schedule to this Agreement;
2.2.10 Services means the work performed by the Worker in the course and scope of his
employment with the Employer;
2.2.11 Transaction Schedule means the transaction schedule contained in Schedule 1 to
this Agreement;
2.2.12 USA means United States of America;
2.2.13 USA Authorities means any authority in the USA empowered to enforce any national,
state, federal, or municipal laws, regulations, or similar provisions; and
2.2.14 Worker means the Party Named in Schedule 1.
2.3 If any provision in a definition is a substantive provision conferring rights or imposing
obligations on any Party, notwithstanding that it is only in the definition clause, effect

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shall be given to it as if it were otherwise labelled a substantive provision of this

Agreement.
2.4 Unless inconsistent with the context, an expression which denotes any one gender
includes the other gender; a natural person includes an artificial person and the singular
includes the plural and vice versa.
2.5 The schedules to this Agreement form an integral part hereof and words and expressions
defined in this Agreement shall bear, unless the context otherwise requires, the same
meaning in such schedules.
2.6 When any number of days is prescribed in this Agreement, same shall be reckoned
exclusively of the first and inclusively of the last day unless the last day falls on a day
which is not a Business Day, in which case the last day shall be the immediately following
Business Day.
2.7 In the event that the day for payment of any amount due in terms of this Agreement
should fall on a day which is not a Business Day, then the relevant date for payment shall
be the following Business Day.
2.8 Where figures are referred to in numerals and in words, if there is any conflict between
the two, the words shall prevail.
2.9 Where any term is defined within the context of any particular clause in this Agreement,
the term so defined, unless it is clear from the clause in question that the term so defined
has limited application to the relevant clause, shall bear the same meaning ascribed to it
for all purposes in terms of this Agreement, notwithstanding that the term has not been
defined in this interpretation clause.
2.10 Any reference to an enactment in this Agreement is to that enactment as at the Signature
Date and as amended or re-enacted from time to time.
2.11 The rule of construction that the contract shall be interpreted against the Party
responsible for the drafting or preparation of the Agreement, shall not apply.
2.12 The expiration or termination of this Agreement shall not affect such of the provisions of
this Agreement as expressly provide that they will operate after any such expiration or
termination or which of necessity must continue to have effect after such expiration or
termination, notwithstanding that the clauses themselves do not expressly provide for
their survival.
3. INTRODUCTION
3.1 USAFL carries on business, assisting agricultural employers in completion and submission
of the paperwork related to an agricultural employer’s efforts to obtain permission from
the United States government to hire foreign nationals using the H-2A Visa program.
3.2 The Worker desires to provide services to an agricultural employer identified by USAFL in
accordance with the requirements of the H-2A Visa program and other applicable laws as
well as the terms set out in this Agreement.
3.3 Accordingly, the Parties now wish to enter into this binding Agreement for, inter alia, the
following purposes:
3.3.1 to create binding commitments between them, including (without limitation) to do all
such things, sign all such documents, and take all such steps as may be necessary in
order to implement and give effect to the terms of this Agreement;
3.3.2 to record the terms upon which the Parties will proceed to achieve the terms of this
Agreement; and

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3.3.3 record the terms applicable to the exclusive and confidential nature of the negotiations
and dealings between the Parties for purposes of achieving the purpose of this
Agreement.
3.4 The Worker wishes to accept the terms of this Agreement and perform the Services under
the conditions and terms as set out hereunder as well as in compliance with applicable
US Law.
4. DURATION
This Agreement shall commence on the Commencement Date and shall endure until such
time as the Worker has completed his term of employment with an Employer or that this
Agreement is terminated for any other reason under the provisions of this Agreement
5. EXCLUSIVITY
5.1 The Worker hereby undertakes and agrees that:
5.1.1 he shall not, during the Restraint Period, negotiate with or deal in any manner
whatsoever with any person other than USAFL or the ILSO with respect to matters
relating to the terms of this Agreement, or any other transaction contemplated in this
Agreement or any other aspect of this Agreement;
5.1.2 he shall provide all reasonably required information to USAFL in relation to the
Agreement;
5.2 The Worker hereby agrees to provide his services exclusively to the Employer during the
term of this Agreement.
6. WARRANTIES
6.1 The Worker warrants and undertakes, in favor of USAFL, that as of the Commencement
Date:
6.1.1 all representations made by him prior to entering into this Agreement are true and
correct;
6.1.2 all representations made by him regarding his ability to perform the Services are true
and correct;
6.2 Should the Worker come to find that any such information is inaccurate, the Worker
undertakes to immediately bring this to the attention of USAFL and accepts liability for
any damage that USAFL may suffer as a result thereof.
7. UNDERTAKINGS
The Worker undertakes as follows:
7.1 to provide truthful information as required and requested by the Employer, his or her
ILSO, USAFL, and the USA Authorities as well as any other parties as necessary for the
fulfilment of this Agreement;
7.2 to undergo a process of certification of the Worker’s qualifications and abilities from a
USAFL testing facility or a facility approved by USAFL, in accordance with the policies of
USAFL;
7.3 to comply with all requirements of USA law including, but not limited to, the immigration
laws of the United States, state and local law relating to his employment, and any other
law;
7.4 to, at all times, comply with the code of conduct and guidelines set out in Schedule 2 and
Schedule 3;

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7.5 to be available to perform the Services for at least the minimum hours per month as set
out in the applicable statutes and applicable regulations, at all such reasonable times
during the term of this Agreement as may reasonably be required by the Employer;
7.6 to perform the Services with due care and diligence and in a good workmanlike manner;
and
7.7 to perform all duties as prescribed by the Employer and to complete the period of work
as requested by the Employer.
7.8 to apply for a USA work visa in accordance with USA law and within the stipulated time
frames as may be prescribed by USA Authorities and, upon receipt of that visa, check to
ensure that the information on the visa is true and correct. In this regard, the Worker
hereby indemnifies USAFL and holds it harmless from any losses, costs, expenses, or
other liabilities arising out of or as a result of the Worker’s failure to obtain a true and
correct visa in accordance with USA law and within the stipulated time frames.
7.9 to regularly check in with USA Farm Labor, Inc. while the Worker’s paperwork is being
processed for a transfer to subsequent employment. In the eyes of the USCIS and the
consulate, it is the Worker’s responsibility to ensure that the paperwork is filed on time.
Failure to do so may result in the Worker’s status expiring. Therefore, the Worker must
regularly connect and communicate with his/her employer and USA Farm Labor, Inc. to
confirm that his/her transfer paperwork is being processed and submitted to the USCIS.
The Worker should never simply assume the paperwork is being processed.
7.10 to inform USA Farm Labor, Inc. if and when the Employer offers to sponsor him or her if
such sponsorship will result in the worker become a U.S. citizen. Such an event, while
not discouraged, does lead to a loss of income for USA Farm Labor, Inc. A financial
arrangement has been made with your employer for such situations. Therefore, workers
considering a change of status to seek residence in America must contact and inform USA
Farm Labor, Inc. ahead of time.
7.11 to check the accuracy of his or her visa and then make a copy and upload it to the USA
Farm Labor, Inc. database. Workers must also email or fax copies of their visa to their
ILSOs. A worker who neglects to provide a copy of his or her visa may not be able to
transfer to subsequent employment. In such a case, USA Farm Labor, Inc. will not be
responsible for late filing.
7.12 to, after being recruited by an ILSO, work with that ILSO for at least one calendar year
before switching to a different ILSO. This policy was put in place as a courtesy to the
ILSOs. In the event of a serious issue or conflict, however, workers may contact USA
Farm Labor, Inc. A USA Farm Labor, Inc. team member will investigate the situation and
will decide if a change of ILSOs is warranted.
8. LIMITATION OF LIABILITY
8.1 The Parties record that the Worker shall have no claim against USAFL and that USAFL
shall not be liable for any claims, loss, liability, damage, or expense which the Worker
may suffer in respect of any illness, injury, death, disability, harm, or otherwise
whatsoever which the Worker may incur or suffer in the performance of the Services.
8.2 Unless otherwise provided in any further written agreement, USAFL shall not be liable to
the Worker for any indirect, consequential, special, incidental or punitive damages,
including without limitation, loss of use, or lost earnings, anticipated savings, or reputation
arising in connection with the Services, any delict, contract, warranty, strict liability, or
negligence, even if the Worker has been advised, knew, or should have known of the
possibility of such damages.

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9. INDEMNITY
9.1 The Worker hereby indemnifies and holds USAFL harmless from all claims, demands,
fines, penalties, actions, proceedings, judgements, damages, losses, costs, expenses, or
other liabilities imposed, brought against, incurred, or suffered by USAFL arising out of or
as a result of any act or omission referred to in this clause.
9.2 USAFL will not be liable for any delictual claims arising from any act of omission by the
Worker and the Worker indemnifies USAFL against all claims of such nature.
10. RESTRAINT
10.1 Due to the nature of this Agreement between the Parties, and with due consideration of
the opportunities for employment available to the Worker outside the scope of this
Agreement and within South Africa, the Worker, hereby undertakes in favor of USAFL
with effect from the Commencement Date, that for the Restraint Period he shall not,
without the prior written consent of USAFL, either as principal, agent, partner,
representative, shareholder, adviser, financier, demonstrator, employer, employee,
associate, consultant, or in any other like capacity and whether alone or jointly with or as
agent for any other person:
10.1.1 directly or indirectly solicit the custom of or transact any business with or deal with
any person, firm, or body corporate or incorporate which is a client of USAFL or was a
client of USAFL at any time during the Restraint Period; or
10.1.2 whether for his own benefit or that of others attempt to make use or avail himself of
or derive profit or any other benefit from any confidential information or knowledge
which specifically relates to the business or affairs of USAFL or any of its customers or
suppliers which he may have acquired by reason of his position in or association with
USAFL;
10.1.3 for any reason whatsoever, save as is specifically authorized in writing in advance by
USAFL, either directly or indirectly, provide the same or similar services to any
company, entity, or individual performing the same or similar services as the services
provided under the provisions of this Agreement; or
10.1.4 after the termination of this Agreement for any reason whatsoever, save as is
specifically authorized in writing in advance by USAFUL, interfere with or endeavor to
entice away from USAFL any persons, firms, or corporations who, at any time during
or at the time of termination of this Agreement, were customers of or in the habit of
dealing with USAFL, or who, at any time during or at the time of termination of this
Agreement, were employees of USAFL.
10.2 The undertakings, covenants and restraints set out in this clause 10 shall remain in
operation until the earlier of the following:
10.2.1 expiry of the Restraint Period; or
10.2.2 date upon which USAFL ceases to carry on business for a continuous period of 3 (three)
months or more, for any reason whatsoever.
10.3 If any one or more of the undertakings, covenants and restraints set out above are found
by any court of competent jurisdiction to be invalid or unlawful or unenforceable for any
reason, the validity of the remaining undertakings, covenants and restraints which shall
continue to be and remain of full force and effect, shall not be affected thereby.
11. INTELLECTUAL PROPERTY
11.1 USAFL retains all right, title and interest in and to USAFL’s Intellectual Property. The
Worker shall not be permitted to use USAFL’s Intellectual Property for the benefit of any
entities other than USAFL’s without the written consent of USAFL, which may be withheld

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at USAFL’s sole discretion. The Worker shall cease all use of USAFL’s Intellectual Property
as of the termination of this Agreement.
11.2 The Intellectual Property as envisaged in this Agreement shall be owned by USAFL. The
Worker hereby irrevocably assigns, transfers and conveys to USAFL without further
consideration all of its right, title and interest in such Intellectual Property. For the
avoidance of doubt, it is hereby recorded and agreed that the Worker shall do whatsoever
is necessary, take whatsoever action is required, and sign any documentation to give
effect to the implementation of the above to perfect USAFL’s ownership of any Intellectual
Property so created.
12. PENALTIES
In the event that the Worker breaks this contract through an intentional, malevolent act or
through an act of gross negligence, including, but not limited to, intentionally providing
incorrect information to an Employer or USA Farm Labor, Inc., abusing the rules of the H-2A
program, or mistreating an Employer, the Worker may be held liable for damages to USAFL’s
reputation and/or any loss of income as a result of the action. This paragraph refers to
misconduct and does not include, nor shall it be construed in any way to include, complaints
or statements made to law enforcement authorities, including the U.S. Department of Labor.

13. BREACH
Should either Party (the Defaulting Party) commit a breach of any of the provisions hereof,
then the other Party (the Aggrieved Party) shall be obliged to give the Defaulting Party 14
(fourteen) days written notice to remedy the breach. If the Defaulting Party fails to comply
with such notice, the Aggrieved Party shall be entitled to cancel this Agreement against the
Defaulting Party or to claim immediate payment and/or performance by the Defaulting Party
of all of the Defaulting Party's obligations whether or not the due date for payment and/or
performance shall have arrived, in either event without prejudice to the Aggrieved Party's
rights to claim damages. The aforementioned is without prejudice to such other rights as
the Aggrieved Party may have at law.
14. DISPUTE RESOLUTION
14.1 In the event of a dispute between the Worker and the Employer, the Worker undertakes,
in good faith, to follow all procedures as set out in the Conflict Resolution Guidelines and
activities as set out in Schedule 4.
14.2 Should the dispute persist, the Worker undertakes to raise the dispute with the ILSO, who
will attempt to resolve the dispute between the Worker and the Employer.
14.3 Should all steps as set out above be exhausted, the ILSO must escalate the dispute to
USAFL who will attempt to mediate and resolve the dispute.
14.4 Neither Party shall be entitled to withhold performance of any of their obligations in terms
of this Agreement pending the settlement of, or decision in, any dispute arising between
the Parties or between Worker and Employer and each Party shall, in such circumstances
continue to comply with their obligations in terms of this Agreement.
15. WAIVER
15.1 The waiver (whether express or implied) by any of the Parties of any breach of any of the
terms or conditions of this Agreement by any other of the Parties shall not prejudice any
remedy of the waiving Party in respect of any continuing or other breach of the terms
and conditions hereof.
15.2 No favor, delay, relaxation, or indulgence on the part of any of the Parties in exercising
any power or right conferred on any such Party in terms of this Agreement shall operate
as a waiver of such power or rights; nor shall any single or partial exercise of any such

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power or right preclude any other or further exercises thereof or the exercise of any power
or right under this Agreement.
15.3 The expiry or termination of this Agreement shall not prejudice the rights of any Party in
respect of an antecedent breach or non-performance by any of the other Parties of any
of the terms or conditions hereof.
16. CONFIDENTIALITY
16.1 Each Party shall treat as strictly confidential all information received or obtained as a
result of entering into or performing the terms of this Agreement which relates to:
16.1.1 the provisions of this Agreement;
16.1.2 the negotiations relating to this Agreement;
16.1.3 the subject matter of this Agreement; and/ or
16.1.4 the other Party.
16.2 A Party may disclose information which would otherwise be confidential, provided that
any information so disclosed shall be disclosed only after consultation with the other Party,
if and to the extent:
16.2.1 required by law or otherwise to give effect to objects in this Agreement;
16.2.2 required by any securities exchange or regulatory or governmental body (including but
not limited to the USA Authorities) to which either Party is subject, wherever situated,
whether or not the requirement for information has the force of law;
16.2.3 that the information is disclosed to the professional advisers, auditors, and bankers of
each Party;
16.2.4 that the information has come into the public domain through no fault of that Party;
16.2.5 that the other Party has given prior written approval to the disclosure, with such
approval not to be unreasonably withheld or delayed;
17. COSTS
Each Party shall bear its own costs of and incidental to the negotiation, preparation, and
execution of this Agreement.
18. GOVERNING LAW
18.1 The entire provisions of this Agreement shall be governed by and construed in accordance
with the laws of the Republic of South Africa. Furthermore, the Parties hereby irrevocably
and unconditionally consent to the exclusive jurisdiction of the High Court of South Africa
(Pretoria) in regard to all matters arising from this Agreement.
18.2 The foregoing shall in no way limit, except for choice of law provisions, the applicability
of substantive rights and remedies arising under applicable USA, state, and local law in
connection with the Worker’s employment by Employer.
19. ENTIRE AGREEMENT
19.1 The Parties record that this document constitutes the entire agreement between them
and that, accordingly, neither of the Parties shall be bound by undertakings,
representations, warranties, promises, or the like not recorded herein.
19.2 This agreement may not be altered, amended, cancelled, or have anything added to or
removed from it until such time as such changes are reduced to writing and signed by or
on behalf of the Parties. Both Parties accordingly undertake not to breach the agreement.
20. GENERAL

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20.1 This Agreement contains all the express provisions agreed on by the Parties with regard
to the subject matter hereof and the Parties waive the right to rely on any alleged express
provision not contained herein.
20.2 No Party may rely on any representation, which allegedly induced that Party to enter into
this agreement, unless the representation is recorded herein.
20.3 No agreement, varying, deleting from, or cancelling this Agreement and no waiver of any
right under this Agreement shall be effective, unless reduced to writing and signed by or
on behalf of the Parties.
20.4 No relaxation by a Party of any of its rights in terms of this Agreement shall at any time
prejudice or be a waiver of its rights (unless it is a written waiver), and it shall be entitled
to exercise its rights thereafter as if such relaxation had not taken place.
20.5 No Party shall cede any of its rights or delegate or assign any of its obligations in terms
of such agreement without the prior written consent of the other Parties.
20.6 Headings or clauses are inserted for the purpose of convenience only and shall be ignored
in the interpretation of this Agreement.
20.7 Any reference to a natural person should include reference to a juristic person and vice
versa.
20.8 If any provision of this Agreement is found or held to be invalid or unenforceable for any
reason whatsoever, the validity of the remaining provisions shall not be affected thereby.
21. COUNTERPARTS
21.1 This Agreement may be executed in any number of counterparts and by different
Parties hereto in separate counterparts, each of which when so executed shall be
deemed to be an original and all of which when taken together shall constitute one
and the same Agreement
22. ADDRESSES
22.1 Each Party chooses the addresses set out opposite its name below as its addresses to
which all notices and other communications must be delivered for the purposes of this
Agreement and its domicilium citandi et executandi (“Domicilium”) at which all documents
in legal proceedings in connection with this Agreement must be served:
22.1.1 [INSERT]: Domicilium: [INSERT]
Postal address: [INSERT]
Telefax No: [INSERT]
E-mail: [INSERT]
Attention: [INSERT]

22.1.2 [INSERT]: Domicilium: [INSERT]

Postal address: [INSERT]
Telefax No: [INSERT]
E-mail: [INSERT]
Attention: [INSERT]
22.2 Any notice or communication required or permitted to be given to a Party pursuant to the
provisions of this Agreement shall be valid and effective only if in writing and sent to a
Party’s chosen address, telefax number or email address in accordance with the provisions

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of clause 23.1, provided that documents in legal proceedings in connection with this
Agreement, may only be served at a Party’s Domicilium.
22.3 Any Party may, by written notice to the other Parties, change its chosen address, telefax
number or e-mail address to another address, telefax number, or e-mail address, provided
that:
22.3.1 the change shall become effective on the 10th (tenth) Business Day after the receipt
or deemed receipt of the notice by the addressee in accordance with the provisions of
clause 23.4, and
22.3.2 any change in a Party’s Domicilium shall only be to an address in South Africa, which
is not a post office box or a poste restante.
22.4 Any notice to a Party contained in a correctly addressed envelope; and
22.4.1 sent by prepaid registered post to it at its chosen address in clause 23.1; or
22.4.2 delivered by hand to a responsible person during ordinary business hours at its chosen
address in clause 23.1;
shall be deemed to have been received in the case of clause 23.4.1 on the fifth
Business Day after posting (unless the contrary is proved) and, in the case of clause
23.4.2 on the day of delivery.
22.5 Any notice by telefax or e-mail to a Party at its telefax number or e-mail address shall be
deemed, unless the contrary is proved, to have been received on the first Business Day
after the date of transmission.
22.6 Notwithstanding anything to the contrary contained in clause 23, a written notice or
communication actually received by a Party shall be an adequate written notice or
communication to it notwithstanding that it was not sent to or delivered at its chosen
address, telefax number or e-mail address as set out in clause 23.1.

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SIGNED at ___________________ on this the day of _____________ 2018.

For and on behalf of

USA Farm Labor, Inc.

(Signature)

Name:

Capacity:

Who warrants his authority hereto

SIGNED at ___________________ on this the day of _____________ 2018.

For and on behalf of

The Party Named in Schedule 1

(Signature)

Name:

Capacity:

Who warrants his authority hereto

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SCHEDULE 1
TRANSACTION SCHEDULE

1. The Worker’s Full name:

2. Commencement Date:

3. Worker’s Foreign ID Number:

4. USA Farm Labor’s address: 2020 Dellwood Road, Waynesville, NC 28786

5. ILSO’s address:

6. Remuneration: _______ per hour

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SCHEDULE 2
USA FARM LABOR, INC. CODE OF CONDUCT

The Worker hereby agrees and undertakes as follows:

1. I will follow all of the State and Federal Laws of the United States.
2. I will be honest about my abilities, work experience, and any other subjects relevant to my job
when I fill out an application or have an interview with a potential employer.
3. I will commit to work for an employer at the agreed-upon wage rate, including any change of
my wage by the United States government. I will not simply agree to work for someone just for
the sake of getting into the country with the intent to transfer to another employer in a state with
a higher wage rate.
4. I understand that I am, in a sense, an ambassador of my home country and will endeavor to be
a positive example through my conduct.
5. I will seek to build and maintain healthy relationships with employers by honoring them, being
honest with them, following their rules, and treating them the way I would want to be treated.
6. I will maintain high performance standards in my work, will do my best on every task assigned
to me, and will be willing to do all necessary tasks, ranging from small, menial work to driving large
equipment.
7. I will strive to treat my co-workers as I would want to be treated. I will cooperate with them
and treat them as equals, regardless of gender, race, or creed.
8. Although I am free to speak my native language at work, I understand that my employer will
appreciate it greatly if I speak English. I will speak English when I am in the presence of an
employer, including when I talk over the radio, or in any other situation where speaking another
language could breed safety issues, undermine my or others’ ability to get work done efficiently,
create distrust or conflict, or dishonor my employer or the great country that has given me an
opportunity to better myself. I will do this as a matter of courtesy and respect.
9. I will be careful, both on and off the job, and will not do things that could endanger myself or
someone else (e.g., driving while intoxicated).
10. I will not use any illegal drugs, drink to excess, or drive while intoxicated/under the influence.
If I am below the legal drinking age in America (21), I will not drink alcohol. I am aware that
abusing alcohol or illegal substances may result in termination of my employment and/or a five-
year ban from returning to America, imposed by the consulate.
11. I will treat my employer’s housing, tools, equipment, and any other belongings with care and
respect.
12. If a conflict arises, either with my employer or with a co-worker, I will attempt to resolve the
conflict in a professional, mature manner, as is fitting for adults. I will not risk harming the other
person’s reputation by gossiping about the issue with anyone not directly involved before I have
attempted to resolve the problem privately with the other individual. I will explain my points in a
mature, calm, professional manner, and allow him or her to do the same. If we are unable to
resolve the issue, I will take the matter to USA Farm Labor, Inc. to see if they can help to mediate
and resolve the dispute.
13. In the event of a dispute, I, the Worker, undertake, in good faith, to follow all procedures as
set out in the Conflict Resolution Guidelines and activities as set out in Schedule 4.
14. I understand that my schedule may be affected by weather conditions and other uncontrollable
variables, and agree to be flexible, within reason, regarding shifts in scheduling.

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15. I, the undersigned, hereby agree to adhere to this Code of Conduct. I am also aware that
failure to adhere to the Code of Conduct may result in my not being asked to return for future job
opportunities with USA Farm Labor, Inc.’s clients.

Employee Name:

Employee Signature: Date:

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SCHEDULE 3
GUIDELINES AS SET OUT BY USAFL

USAFL helps South African workers come to the U.S.A on what are known as “H-2A Visas” to assist
American farmers with seasonal farm work. USAFL has developed an excellent reputation among
many U.S. farmers and is always trying to improve its services to everyone involved. To make this
work, USAFL is providing this notice to let you know about how its program works and what your
obligations as a worker are.

1. Please be aware that USAFL must favor U.S. workers, if qualified and available, for any
available job opportunities. In other words, if a qualified U.S. worker wants a job for which
you are qualified, the U.S. farmer must hire the U.S. worker. That is the law, and USAFL
follows it strictly. There are no exceptions.

2. USAFL’s success and ability to offer work in the U.S. depends on its ability to obey with the
law and ability to help you and the farmer have a good, mutually beneficial experience.
You therefore promise that:

a) You will present yourself in an honest and honorable way to everyone connected
with the H-2A Program such as USAFL, the farmer, U.S. government authorities,
and everyone else.

b) You will prove to USAFL that you are qualified, willing, and able to render certain
services for farmers in the agricultural industry in the USA by obtaining a certificate
of qualifications from a USAFL testing facility or another facility. You understand
that you will be considered for work even without a certificate, but that you will
still have to demonstrate in a different way that you are qualified. You also
understand that getting the certificate helps USAFL identify qualified workers and
does not guarantee that you will be offered work.

c) If and when you indicate your acceptance of a job offer by a U.S. farmer, you are
promising to meet certain expectations. The most important expectation will be to
complete your work with the employer for the season in accordance with the
requirements of the H-2A Program. When you accept a job offer, you will receive
a Summary of Terms of Employment. Please read that document and discuss any
questions with your employer ahead of time.

d) If a dispute arises, you will immediately follow the procedures described in

Schedule 4 and discuss the issue with your employer, your ILSO, or USAFL (if you
are not comfortable raising the issue with your employer). USAFL cannot
guarantee that there will be a way to deal with an issue in the way that you want,
but it will do what it reasonably can to find a mutually beneficial solution. You
understand that you will not be reprimanded or get in trouble for seeking help in
resolving an issue this way; instead, you will be viewed in a better light for helping
us deal with an issue.

e) You agree to never, in the heat of the moment, pack your possessions and leave
the premises without first seeking to resolve a problem unless you are concerned
for your safety in which case you must immediately seek help from local police
(dial 911 on your phone) first and then call your ILSO or USAFL as soon as
possible. You understand that it is the employer’s responsibility to immediately
(within two days) report a worker who has absconded (left and not been seen or
heard from for five days) to the U.S. Department of Homeland Security and the
U.S. Department of Labor. You also understand that USAFL expects your employer

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to try to work things out in the event of a dispute. All but few problems can be
solved after everyone has cooled down.

f) You understand that you may seek independent assistance, including from the
government, in solving a problem and protecting your rights. At any time (with or
without talking to the employer or USAFL first), you may report anything to the
U.S. Department of Labor’s Wage and Hour Division. The number is: 1-866-487-
9243. While we appreciate having the chance to solve a problem first, we also
want you to feel comfortable exercising your right to seek government help right
away.

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SCHEDULE 4
CONFLICT RESOLUTION

The best thing about humans is the fact that we are all different. Each of us comes equipped with
a unique combination of skills and abilities, a unique way of looking at things, a unique personality,
a unique way of processing information, and a unique story. When we work together, we can use
these unique qualities to attack a problem from several unique angles and think outside the box to
find the best solution—something machines cannot do. However, this greatest strength is also our
greatest weakness. Differences can cause conflicts. Or, more specifically, how people react to
these differences can cause conflicts. Fortunately, there are ways to avoid and resolve these
conflicts. We encourage you to read this guide before you arrive at your new job and then again
if a conflict arises.

It is crucial to your agreement with USA Farm Labor, Inc. that you agree to follow these mutually-
beneficial guidelines regarding avoiding and resolving conflict. USA Farm Labor, Inc. takes conflict
very seriously, and will always attempt to mediate fairly to find a mutually beneficial relationship,
but you must agree to do your part. Acting in a way that is contrary to these guidelines could be
cause for blacklisting.

Avoiding Conflict
● Ensure that you understand your employer’s goals and expectations ahead of time.
● Keep an eye open for potential sources of conflict and discuss them before a situation
arises.
● Accept that opinions and views will differ.
● Be the type of employee that you would want to hire—honest and dependable.
● Never make assumptions about what your employer is thinking or feeling.
● Never jump to conclusions about why an employer acts a certain way—what you may
perceive as detachment may just be stress about meeting farming deadlines.
● Keep communication open and talk to your employers if you need help or are unsure of
something. It’s better to ask about how to do something than to guess and be wrong.
● Try to build a positive relationship with your employers.
● Above all else, treat your employers as you would want to be treated.

Resolving Conflict
● Do not let anger run the conversation. Take time to cool off before talking.
● Ask to speak with your employer in private. DO NOT confront him or her in public.
● Explain the issue to your employer objectively and without sounding accusatory.
● Leave your pride out of the discussion. Try to not take things personally. Be sure to
apologize if necessary.
● Take turns talking—without interrupting each other—and let your employer explain his or
her side.
● Do not jump to conclusions or make assumptions. Ensure that you and your employer both
understand each other clearly.
● Focus on finding common ground, like a goal that you share, and how you can both work
towards it.

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● Remember, the goal is NOT to out-argue the other person. It’s not a competition, and you
will only win if the conflict is resolved in a way that satisfies both parties. Otherwise you’re
just setting up another conflict.
● Discuss possible solutions to the problem—solutions that will benefit both parties. Be open
minded.
● Decide on a solution that satisfies both parties and promote a win-win relationship.
● Ensure that both parties are clear on the details of the solution.
● Be patient as the solution is implemented. Sometimes it takes time to get accustomed to
a new arrangement.
● Above all else, treat your employer as you would want to be treated.

Steps to Take to Resolve Conflict

Before attempting to resolve conflict, we recommend that you pray and ask the Lord for wisdom.
During the conflict resolution process, you should never just leave. Absconding is a serious offense.
We recommend that you start the process by thinking about and writing down the issues and what
you think is the cause of those issues. For instance, if an employer is rude, write down specific
examples of this and ask yourself why that might be. Maybe your employer is just stressed out
that he or she is behind schedule for the season. Maybe he or she is worried about not having a
profitable crop. Maybe your employer feels as if he needs to be successful to make his family
proud. Of course, none of these reasons justify rude behavior, but trying to understand your
employer’s side of the situation can make a big difference in conflict handling and resolution.
However, if you follow the conflict resolution procedure and a mutually-beneficial arrangement is
not reached, USA Farm Labor, Inc. will help you find subsequent employment.
1. We recommend that you pray for wisdom, patience, and guidance, both for yourself and
for your employer.
2. Bring the matter to your employer before talking to anyone else. Spreading rumors and
talking behind your employer’s back is not only immature, it may also offend your employer.
3. After speaking to your employer, if the issue is still unresolved, if you feel that your
employer does not understand or care, or if the implemented solution is not sufficient,
please call your ILSO so he or she can stay in the loop and understand the situation.
4. After a conversation with your ILSO, the ILSO will inform USA Farm Labor, Inc., and
somebody from our office will contact you. You may also contact our office directly.
5. USA Farm Labor, Inc. will then attempt to mediate between you and the employer.
6. Hopefully, this will resolve the conflict, but if it does not, let your employer know that you
wish to resign. If you decide to leave, you should, as a courtesy to your employer, inform
him or her of your intent to leave two weeks in advance. This will give your employer some
time to find another worker to hire.
USA Farm Labor, Inc. and your ILSO will discuss the matter and will help you transfer to subsequent
employment if you qualify. Keep in mind that one of the factors that determine whether you are
qualified to transfer to subsequent employment is whether or not you followed the steps prescribed
in this document.

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CONFLICT RESOLUTION WORKSHEET

Party 1

Name:

Problem:

Goal:

Willing to compromise on:

Party 2

Name:

Problem:

Goal:

Willing to compromise on:

Other Relevant Information:

❑ Discussed Matter with USA Farm Labor, Inc.

Solution:

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Plan to Implement Solution:

Hereby, I, the undersigned, agree to do my best to adhere to the plan discussed above:

Party 1

Signature Date

Party 2

Signature Date

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