EMPLOYMENT CONTRACT (AT-WILL)

This Employment Contract (hereinafterthis “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 EF STUDIOS, LLC, is engaged in the business of Health & Fitness and desires to hire the services of the Employee as a Personal Trainer/ Performance Coach at  . [ENTER EMPLOYEE’S NAME] will primarily perform the job duties at the following location: 116 Essex Street Millburn New Jersey.
2. EF STUDIOS, LLC, desires to have the services of [ENTER EMPLOYEE’S NAME]. The Employee agrees to such employment per the terms of this Contract and all applicable laws, rules and regulations. 
3. [ENTER EMPLOYEE’S NAME] is an at-will employee of EF STUDIOS, LLC, either party is able to terminate the employment agreement at any time.

Therefore, the parties agree as follows:

1. EMPLOYMENT. EF STUDIOS, LLC, shall employ [ENTER EMPLOYEE’S NAME] as a Personal Trainer/Performance Coach. [ENTER EMPLOYEE’S NAME] accepts and agrees to such employment andWithout limitation, the  agreesEmployee agrees to be subject to the Employer’s general supervision advice,  and direction of EF STUDIOS, LLC, and EF Studio LLC’s supervisory panel. The Employee [ENTER EMPLOYEE’S NAME] shall provide to EF STUDIOS, LLC the following services beginning on [ENTER DATE]:
   • Having and maintaining a working knowledge of human anatomy and the concepts of functional exercise basic nutrition and fundamental principles of exercise science.
   • 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.
   • An understanding for the need and importance of screening and client assessment; proficiency in conducting these evaluations initially and progressively.
   • A desire to help clients reach their health and fitness goals through appropriate cardiovascular flexibility and resistance exercise.
   • An ability to motivate others in an encouraging and uplifting way towards improving their overall fitness and health.
   • A dedication to maintaining personal Integrity, client confidentiality and professional standards for best practice.
   • 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 [ENTER EMPLOYEE’S NAME] shall also perform (i) such duties as are our customarily performed by an employee in a similar position, and (ii) such other and unrelated services and duties as may be assigned to them [ENTER EMPLOYEE’S NAME] from time to time by the Employer. from EF STUDIOS, LLC. 

2. BEST EFFORTS OF EMPLOYEE. The Employee [ENTER EMPLOYEE’S NAME] agrees to perform faithfully, industriously, and to the best of their [ENTER EMPLOYEE’S NAME] 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 EF STUDIOS, LLC and, according to accepted industry standards. Such duties shall be provided at such place(s) as the needs, business, or opportunities of the Employer EF STUDIOS, LLC, may require from time to time.
3.  
4. 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.

5. BACKGROUND CHECK. The Employee [ENTER EMPLOYEE’S NAME] hereby consents to the conducting of a background check by the Employer EF Studios, LLC and/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 [ENTER EMPLOYEE’S NAME] agrees not to the Employer hold EF Studios, LLC and/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.EF Studios, LLC.

6. DRUG TESTING. The Employee acknowledges and agrees that they he/she may be required to submit to random drug and/or alcohol screening tests while employed and they by the EF Studios, LLC. Employee agrees that the results of any blood and/or urine sample test results may be revealed to the Employer EF Studios, LLC for its use and evaluation. Furthermore, the Employee acknowledges and agrees that their his/her refusal to submit to such testing can be grounds for immediate termination.
7. 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  EVOLVE FITNESS STUDIO are the Employer’s property. of EF Studios, LLC.

7. COMPENSATION OF EMPLOYEE. The Employee shall be paid the following.EF Studios, LLC agrees to pay to [ENTER EMPLOYEE’S NAME] as compensation for services performed herein.by [ENTER EMPLOYEE’S NAME] pursuant hereto:
8.  

Private one-on-one $30.00/session

Small Group Training (Squad Training) $30.00/session

Floor Hours Evaluations Comp PT Session Body ScanMetabolic Screen

$12.00/hr.$12.00/session$12.00/session$12.00/session$15.00/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 [ENTER EMPLOYEE’S NAME] shall be entitled to payments for periods or partial periods that occurred prior to that date of termination and for which the Employee [ENTER EMPLOYEE’S NAME] has not yet been paid, and for any commission earned in accordance with the Employer’s  EF STUDIOS, LLC, customary procedures, if applicable.
2. EF Studios, LLC will The salary will be reviewed your salary annually as a part of the Employee’s your evaluation and the Employer reserves the right to change the your compensation from time to time with reasonable notice, subject to standard federal and state payroll withholding requirements in accordance with the Employer’s EF Studios standard payroll practices.
3. Accrued vacation will be paid in accordance with state law and the Employer’s EF STUDIOS, LLC’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.

9. SALARY ADJUSTMENT. The Parties Employer and Employee 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 listed in the following paragraph, the Employee’s salary shall be increased during the term of this Agreement.
   1. Upon one year of employment and maintaining 3 consecutive months of 20 paid sessions
   2. Upon two years of employment and maintaining 3 consecutive months of 25 paid sessions
   3. Upon three years of employment and maintaining 3 consecutive months of 30 paid sessions
   4. Upon four years of employment and maintaining 3 consecutive months of 35 paid sessions
   5. Upon five+ consecutive years of employment and maintaining 3 consecutive months of 40 paid sessions
   6. Annual Executive Review of Performance

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

Eemployee agrees to attend all further training sessions post orientation, as determined by EF Studios, LLC’s  management.

13. RECOMMENDATIONS FOR IMPROVING OPERATIONS. The Employee [ENTER EMPLOYEE’S NAME] shall provide the Employer EF STUDIOS, LLC, with all information suggestions and recommendations regarding the Employer’s  EF STUDIOS, LLC’s, business within their of which [ENTER EMPLOYEE’S NAME] has knowledge that will be of benefit to the Employer. EF STUDIOS, LLC.
14. CONFIDENTIALITY. The Employee [ENTER EMPLOYEE’S NAME] recognizes that the Employer EF Studios, LLC, 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. EF STUDIOS, LLC. The Employee [ENTER EMPLOYEE’S NAME] agrees that they [ENTER EMPLOYEE’S NAME] 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 EF Studio, LLC. and that they will [ENTER EMPLOYEE’S NAME] will protect the Information and treat it as strictly confidential. A violation by [ENTER EMPLOYEE’S NAME] of this paragraph shall should be a material violation of this contract and will justify legal and/or equitable relief.

Pursuant to the Defend Trade Secrets Act of 2016, the Employee I 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.

15. UNAUTHORIZED DISCLOSURE OF INFORMATION. If it appears that the Employee [ENTER EMPLOYEE’S NAME] has disclosed (or as threatened to disclose) Information in violation of this Contract, the Employer  EF STUDIOS, LLC, shall be entitled to an injunction to restrain them [ENTER EMPLOYEE’S NAME] 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 this disclosed. The Employer  EF STUDIOS, LLC, shall not be prohibited by this provision from pursuing other remedies including a claim for losses and damages.
16. 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 [ENTER EMPLOYEE’S NAME] employment. During such period, neither party shall make or permit the making of any public announcement of statement of any kind that the Employee [ENTER EMPLOYEE’S NAME] was formerly employed by or connected with the Employer EF STUDIOS, LLC.
17. NON-COMPETE AGREEMENT. The Employee [ENTER EMPLOYEE’S NAME] recognizes that the various items of Information are special and unique assets of the Employer company and need to be protected from improper disclosure. In consideration of the disclosure of the Information to the Employee, they [ENTER EMPLOYEE’S NAME]. [ENTER EMPLOYEE’S NAME] agrees and covenants that during their his or her employment herein, by EF Studios, LLC, and for the period of six months following the termination of

their[ENTER EMPLOYEE’S NAME] employment whetheremployment, whether such termination is voluntary or involuntary, [ENTER EMPLOYEE’S NAME] they will not directly or indirectly engage in any business competitive with the Employer’s EF STUDIOS, LLC.

This Covenant shall apply to the geographic area that includes the area within a 5-mile radius of the Employer’s Evolve Fitness Studio. The Employee You will not, without the Employer’s Evolve’s prior written consent directly or indirectly engageing in any competitive business includinges 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 of EF Studios, LLC, for the benefit of a third party that is engaged in such business.

The Employee You also agrees that, during their your employment and for a period of twelve (12) months immediately following termination of such your employment, they you will not in any manner, directly or indirectly, disparage the Employer Evolve or its employees and operations in any way. The Employee You further agrees that, during their your employment and for a period of twelve (12) months immediately following termination of their your employment, they you 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 Evolve to alter or terminate his or her employment or consultation with the Employer Evolve 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 [ENTER EMPLOYEE’S NAME] agrees that this non-compete provision will not adversely affect [ENTER EMPLOYEE’S NAME]=their  livelihood.

If this non-compete provision is violated, the Employer  EF STUDIOS, LLC, reserves as one of its rights the ability to recoup educational and training expenses incurred while the Employee [ENTER EMPLOYEE’S NAME] was an employed e by the Employer of EF STUDIOS, LLC, such expenses will be based on the following:

0 – 6 mo. employment 6mo. – 1 Yr. employment 2 Yrs. employment3+ Yrs. Employment

$30,000 USD$30,000 – $60,000 USD$120,000 USD$180,000 USD

18. EMPLOYEES INABILITY TO CONTRACT FOR EMPLOYER. The Employee [ENTER EMPLOYEE’S NAME] shall not have the right to make any contracts or commitments for or on behalf of the Employer EF Studios, LLC, without first obtaining the Employer’s express written consent .of EF Studio, LLC.
19. VACATION. After 120 days of employment, all full-time Eemployees shall be entitled to 7-18 paid vacation days per year based on the  length of their employment. The Eemployee must maintain fulltime status to receive allotted vacation days. Otherwise, the days they receive will be based upon part-time status. All part-time Eemployees shall be entitled to .06 hours paid vacation per hours worked. If the Eemployee 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. employee and EF Studios, LLC. In the year the Eemployee terminates employment, they he/she shall be entitled to receive a prorated paid vacation based upon the amount of time that they he/she has worked during the year of termination.

Paid Vacation Days (full time status)

Yr. 1Yr. 23+ Yrs.

7 Days14 Days18 Days

Paid Vacation Days (part-time status)

.06/hrs. per hour worked

20. BENEFITS. The Employee [ENTER EMPLOYEE’S NAME] shall be entitled to employee benefits after 120 days of full-time employment, as provided by the Employer’s EF STUDIO, LLC’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:

• Health Insurance stipend. EF Studios, LLC will contribute $100 per month towards the cost of the Employee’s  your health insurance.
• 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.
• Free Gym Membership (does not require full time employment)
• 30% Discount on all Retail and Services (does not require full time employment)

21. 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 you voluntarily resigns  from the Company within twelve (12) months of the Effective Date, they you will be responsible for reimbursing the Employer Company for the full signing bonus.
22. TERM / TERMINATION. [ENTER EMPLOYEE’S NAME] Eemployment under this Contract shall be for an unspecified term on an “at will” basis. If the Employee [ENTER EMPLOYEE’S NAME] is in violation of this Contract, the Employer EF STUDIOS, LLC, may terminate employment (“For Cause”) without notice and with compensation toto the Employee [ENTER EMPLOYEE’S NAME] only to the date of such termination. The compensation paid under this Contract shall be the Employee’s [ENTER EMPLOYEE’S NAME] exclusive remedy.
23. COMPLIANCE WITH EMPLOYER’S RULES. [ENTER EMPLOYEE’S NAME] agrees to comply with all of the rules and regulations of EF Studio, LLC.
24. RETURN OF PROPERTY. Upon termination of this Contract, the Employee [ENTER EMPLOYEE’S NAME] shall deliver to the Employer EF STUDIOS, LLC, all property belonging to which is EF STUDIOS, LLC’s property or related to the Employer EF STUDIOS, LLC’s business (including but not limited to, keys, records, notes, data, memoranda, models and equipment) that is in the Employee’s [ENTER EMPLOYEE’S NAME] possession or under [ENTER EMPLOYEE’S NAME] control.
25. 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:

Employer:EF Studios, LLC. Attn:Lloyd Eubanks II Paolo Bowyer Owners116 Essex St.Millburn, NJ 07041

Employee:[ENTER EMPLOYEE’S NAME] [ENTER EMPLOYEE’S ADDRESS]

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

26. 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 anyt prior written or oral agreements between the parties.

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

28. 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.

29. WAIVER OF CONTRACTUAL RIGHT. The failure of either part to enforce any provision of the Contract shall not be construed as a waiver orf limitation of that party’s right to subsequently enforce and compel strict compliance with ant evert 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.

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

31. 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.

32. SIGNATORIES. This Contract shall be signed by Lloyd Eubanks II & Paolo Bowyer, Owners on behalf of  the Employer EF STUDIOS, LLC, and by the Employee [ENTER EMPLOYEE’S NAME] 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

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