EMPLOYMENT CONTRACT (AT-WILL)

This Employment Contract (hereinafter “Contract”) is made effective as of [ENTER DATE] by in between EF STUDIOS, LLC, (the “Employer”), of 116 Essex Street Millburn New Jersey 07041 and [ENTER EMPLOYEE’S NAME], (the “Employee”), of [ENTER EMPLOYEE’S ADDRESS]. Collectively, the Employer and Employee shall be referred to as the “Parties” or individually as the “Party”) and includes that Party’s successors and assigns.

1. The Employer , is engaged in the business of Health & Fitness and desires to hire the services of the Employee as a Personal Trainer/ Performance Coach at  . 116 Essex Street Millburn New Jersey.

 The Employee agrees to such employment per the terms of this Contract and all applicable laws, rules and regulations.

Therefore, the parties agree as follows:

1. EMPLOYMENT. Without limitation, the Employee agrees to be subject to the Employer’s general supervision advice,  direction , and  supervisory panel. The Employee shall provide the following services beginning on [ENTER DATE]:
   1. Having and maintaining a working knowledge of human anatomy and the concepts of functional exercise basic nutrition and fundamental principles of exercise science.
   1. An ability to design and execute individual and small group exercise fitness programs, tailored to the needs and tangible goals of the individual, apparently healthy client, in a safe and effective way.
   1. An understanding for the need and importance of screening and client assessment; proficiency in conducting these evaluations initially and progressively.
   1. A desire to help clients reach their health and fitness goals through appropriate cardiovascular flexibility and resistance exercise.
   1. An ability to motivate others in an encouraging and uplifting way towards improving their overall fitness and health.
   1. A dedication to maintaining personal Integrity, client confidentiality and professional standards for best practice.
   1. A dedication to self-improvement, self-awareness, continuous learning, personal growth and development with a regard to personal health, fitness and mental capacity.

The Employee shall also perform (i) such duties as are  customarily performed by an employee in a similar position, and (ii) such other and unrelated services and duties as may be assigned to them  from time to time by the Employer.  

• BEST EFFORTS OF EMPLOYEE. The Employee  agrees to perform faithfully, industriously, and to the best of their  ability, experience, and talent all of the duties that may be required by the express and implicit terms of this Contract, to the reasonable satisfaction of the Employer  and, according to accepted industry standards. Such duties shall be provided at such place(s) as the needs, business, or opportunities of the Employer , may require from time to time.
•  
• LIABILITY

The Employee agrees to indemnify, hold harmless and defend the Employer and its directors, officers, employees, and agents from and against any action, claim, demand, or liability, including reasonable attorney’s fees and costs, herein. The Employee agrees that the Employer shall have the right to participate in and control the defense of any such claim through counsel of its choosing at the Employee’s expense.

• BACKGROUND CHECK. The Employee  hereby consents to the conducting of a background check by the Employer or its broker to the full extent permitted by law. Such a background check may include, but shall not be limited to, a judgment and public criminal record check, and fingerprinting. The Employee ] agrees not to the Employer or its broker(s) liable for any claims in connection with such checking or testing or the reporting of the results thereof to the Employer..

• DRUG TESTING. The Employee acknowledges and agrees that they  may be required to submit to random drug or alcohol screening tests while employed and they  agree that the results of any blood and/or urine sample test results may be revealed to the Employer  for its use and evaluation. Furthermore, the Employee acknowledges and agrees that their r refusal to submit to such testing can be grounds for immediate termination.

• OWNERSHIP OF SOCIAL MEDIA CONTACTS. Any social media contacts, including “followers” or “friends,” that are acquired through accounts (including, but not limited to email addresses, blogs, Twitter, Facebook, YouTube, or other social media networks) used or created on behalf of the Employer  are the Employer’s property.
• COMPENSATION OF EMPLOYEE. The Employee shall be paid the following. compensation for services performed herein.

Private one-on-one                                                                    $30.00/session

Small Group Training (Squad Training)                                   $30.00/session

1. This amount shall be paid every two weeks, no later than three days after the payroll period that ended on the preceding Saturday and subject to applicable federal, state and local withholdings. Upon termination of this Contract, payment under this paragraph shall cease; provided, however that the Employee shall be entitled to payments for periods or partial periods that occurred prior to that date of termination and for which the Employee  has not yet been paid, and for any commission earned in accordance with the Employer’s , customary procedures, if applicable.
   1. The salary will be reviewed annually as a part of the Employee’s  evaluation and the Employer reserves the right to change the  compensation from time to time with reasonable notice, subject to standard federal and state payroll withholding requirements in accordance with the Employer’s standard payroll practices.
   1. Accrued vacation will be paid in accordance with state law and the Employer’s  customary procedures. This section of the Contract is included only for accounting and payroll purposes and should not be construed as establishing a minimum or definite term of employment.

• SALARY ADJUSTMENT. The Parties  recognize that certain “Events” (as defined in the following paragraph) may occur which will give rise to a salary increase. Upon the occurrence of any one of the said Events, the Employee’s salary shall be increased during the term of this Agreement.
  • Upon one year of employment and maintaining 3 consecutive months of 20 paid sessions
  • Upon two years of employment and maintaining 3 consecutive months of 25 paid sessions
  • Upon three years of employment and maintaining 3 consecutive months of 30 paid sessions
  • Upon four years of employment and maintaining 3 consecutive months of 35 paid sessions
  • Upon five+ consecutive years of employment and maintaining 3 consecutive months of 40 paid sessions
  • Annual Executive Review of Performance

• INCENTIVE COMPENSATION DETERMINATION (Bonus). Determination of incentive compensation to be paid will be based on formal goal set betweenthe Parties , prior to the start of each quarter.
• EXPENSE REIMBURSEMENT. The Employer  will reimburse the Employee  for “out-of-pocket” expenses incurred by the Employee  in accordance with the Employer’s   current policies.
• EMPLOYEE TRAINING. In accordance with the terms of this Agreement, within five (5) calendar days of the date of signing. The Employee is required to attend orientation session(s) prior to beginning work. During which, the Employee shall be trained in the specific and general duties/requirements of their position. Furthermore, the

Employee agrees to attend all further training sessions post orientation, as determined by  management.

1. RECOMMENDATIONS FOR IMPROVING OPERATIONS. The Employee  shall provide the Employer , with all information suggestions and recommendations regarding the Employer’s , business within their  knowledge that will be of benefit to the Employer. .
2. CONFIDENTIALITY. The Employee ] recognizes that the Employer  has and will have information regarding but not limited to the following:

• Inventions
• Products
• Product Design
• Processes
• Technical Matters
• Trade Secrets

• Copyrights
• Customer List
• Prices Cost
• Discounts
• Business Affairs
• Future Plans

And other vital information items (collectively “Information”) which are valuable, special and unique asset of the Employer. . The Employee agrees that they will not at any time or in any manner either directly or indirectly divulge, disclose, or communicate any Information to any third party without the prior written consent of the Employer and that they will will protect the Information and treat it as strictly confidential. A violation of this paragraph shall  be a material violation of this contract and will justify legal or equitable relief.

Pursuant to the Defend Trade Secrets Act of 2016, the Employee understands that:

An individual may not be held criminally or civilly liable under any federal or state trade secret law for the disclosure of a trade secret that: (a) is made (i) in confidence to a federal, state, or local government official, either directly or indirectly, or to an attorney; and (ii) solely for the purpose of reporting or investigating a suspected violation of law; or (b) is made in a complaint or other document that is filed under seal in a lawsuit or other proceeding.

Further, an individual who files a lawsuit for retaliation by an employer for reporting a suspected violation of law may disclose the employer’s trade secrets to the attorney and use the trade secret information in the court proceeding if the individual: (a) files any document containing the trade secret under seal; and (b) does not disclose the trade secret, except pursuant to court order.

1. UNAUTHORIZED DISCLOSURE OF INFORMATION. If it appears that the Employee  has disclosed (or as threatened to disclose) Information in violation of this Contract, the Employer  shall be entitled to an injunction to restrain them from disclosing, in whole or in part such information, or from providing any services to any party to whom such Information has been disclosed or may be disclosed. The Employer  shall not be prohibited by this provision from pursuing other remedies including a claim for losses and damages.
2. CONFIDENTIALITY AFTER TERMINATION OF EMPLOYMENT. The confidentiality provisions of this Contract shall remain in full force and effect for a period of five years after the violation or involuntary termination of the Employee’s ] employment. During such period, neither party shall make or permit the making of any public announcement of statement of any kind that the Employee  was formerly employed by or connected with the Employer .
3. NON-COMPETE AGREEMENT. The Employee  recognizes that the various items of Information are special and unique assets of the Employer  and need to be protected from improper disclosure. In consideration of the disclosure of the Information to the Employee, they . agree and covenant that during their  employment herein, , and for the period of six months following the termination of

their employment, whether such termination is voluntary or involuntary, they will not directly or indirectly engage in any business competitive with the Employer’s .

This Covenant shall apply to the geographic area that includes the area within a 5-mile radius of the Employer’s Fitness Studio. The Employee  will not, without the Employer’s  prior written consent directly or indirectly engage in any competitive business including but is not limited to (i) engaging in a business as owner, partner, or agent (ii) becoming an employee of any third party that is engaged in such business (iii) becoming an investor in any such business or (iv) soliciting any Employer’s customers , for the benefit of a third party that is engaged in such business.

The Employee  also agrees that, during their  employment and for a period of twelve (12) months immediately following termination of such  employment, they  will not in any manner, directly or indirectly, disparage the Employer  or its employees and operations in any way. The Employee  further agrees that, during their  employment and for a period of twelve (12) months immediately following termination of their  employment, they  will not in any manner, directly or indirectly, encourage, induce or attempt to induce any person who is then or was (within six (6) months before the date of such inducement) an employee or consultant of the Employer  to alter or terminate his or her employment or consultation with the Employer  or otherwise solicit, attempt to hire or hire any such employee or consultant. If the period of time or area herein specified should be adjudged unreasonable in any court proceeding, then the period of time shall be reduced by such number of months or the area shall be reduced geographically, or both, so that this covenant may be enforced during such period of time and in such areas as are adjudged to be reasonable.

The Employee  agrees that this non-compete provision will not adversely affect [=their  livelihood.

If this non-compete provision is violated, the Employer  reserves as one of its rights the ability to recoup educational and training expenses incurred while the Employee  was  employed  by the Employer , such expenses will be based on the following:

1. EMPLOYEES INABILITY TO CONTRACT FOR EMPLOYER. The Employee  shall not have the right to make any contracts or commitments for or on behalf of the Employer , without first obtaining the Employer’s express written consent .
2. VACATION. After 120 days of employment, all full-time Employee shall be entitled to 7-18 paid vacation days per year based on the  length of their employment. The Employee must maintain fulltime status to receive allotted vacation days. Otherwise, the days they receive will be based upon part-time status. All part-time Employees shall be entitled to .06 hours paid vacation per hours worked. If the Employee becomes full time status all hours accrued shall carry over to their total vacations’ days given being full time status. Vacation shall be taken at such times as are mutually convenient to the parties. . In the year the Employee terminates employment, they  shall be entitled to receive a prorated paid vacation based upon the amount of time that they  worked during the year of termination.

Paid Vacation Days (full time status)                                                                                                                                             

Paid Vacation Days (part-time status)

.06/hrs. per hour worked

1. BENEFITS. The Employee  shall be entitled to employee benefits after 120 days of full-time employment, as provided by the Employer’s  policy in effect during the term of employment. Full time employment is based upon a minimum of 30 hours per week. These benefits include:
2. Health Insurance stipend. EF Studios, LLC will contribute $100 per month towards the cost of the Employee’s  health insurance.
3. Participation in studio’s 401K Retirement Savings Plan made available after 12-months of full-time employment without vesting. Includes 3.5% match by EF Studios, LLC.
4. Free Gym Membership (does not require full time employment)
5. 30% Discount on all Retail and Services (does not require full time employment)
6. SIGNING BONUS. In addition, the Employer shall pay to the Employee a one-time signing bonus of Five Hundred Dollars ($500) (the “Signing Bonus”). The Signing Bonus shall be paid by the Employer to Employee upon the completion of ninety (90) days of employment following the Start Date; provided, however, that in the event that the Employee’s employment is terminated by the Employer for Cause (as defined below) or the Employee  voluntarily resigns   within twelve (12) months of the Effective Date, they  will be responsible for reimbursing the Employer  for the full signing bonus.
7. TERM / TERMINATION.  Employment under this Contract shall be for an unspecified term on an “at will” basis. If the Employee  is in violation of this Contract, the Employer , may terminate employment (“For Cause”) without notice and with compensation to the Employee only to the date of such termination. The compensation paid under this Contract shall be the Employee’s  exclusive remedy.
8. 22.   [MK1] RETURN OF PROPERTY. Upon termination of this Contract, the Employee  shall deliver to the Employer , all property belonging to  or related to the Employer  (including but not limited to, keys, records, notes, data, memoranda, models and equipment) that is in the Employee’s  possession or control.
9. NOTICES. All notices required or permitted under this Contract shall be in writing and shall be deemed delivered when delivered in person or on the third day after being deposited in the United States mail, postage paid, address as follows:

Such addresses may be changed from time to time by either party by providing written notice in manner set forth above.

• ENTIRE AGREEMENT. This contract contains the entire agreement of the parties and there are no other promises or conditions in any other agreement whether oral or written. This Contract supersedes any prior written or oral agreements between the parties.

• AMENDMENT. This Contract may be modified or amended, if the amendment is made in writing and is signed by both parties.

• SEVERABILITY. If any provisions of the Contract shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of the Agreement is invalid or unenforceable, but that by limiting such provision it would become valid or enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.

• WAIVER OF CONTRACTUAL RIGHT. The failure of either part to enforce any provision of the Contract shall not be construed as a waiver or limitation of that party’s right to subsequently enforce and compel strict compliance with ant  provision of the Contract. No waiver of any breach of, or of compliance with, any condition or provision of this Agreement by either party shall be considered a waiver of any other condition or provision or of the same condition or provision at another time.

• APPLICABLE LAW. This contract shall be governed by the laws of the State of New Jersey.

• COVID-19. The Employee understands and acknowledges that COVID-19 is a Force Majeure event that may cause the Employer to fail in its payment obligations due to its negative economic impact. In addition to the risk of possibly contracting COVID-19 while performing their services. The Employee therefore agrees to hold the Employer harmless in such event. Further the Employee acknowledges the health impacts of COVID-19 and undertakes to follow all relevant protocols, rules, regulations, guidelines and laws to protect themselves and keep other’s safe.

• SIGNATORIES. This Contract shall be signed by Lloyd Eubanks II & Paolo Bowyer, Owners on behalf of  the Employer  and by the Employee in an individual capacity. This Contract is effective as of the date first above written.

Lloyd Eubanks II Founder

Date

Paolo Bowyer Founder

Date

[ENTER EMPLOYEE’S NAME]

Date

 [MK1]This has already been covered.

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