Date____________ EMPLOYEE AGREEMENT Welcome! We are excited to have you join us at Hot Yoga Asheville. We believe that you will be a great addition and contributor to our business and we cannot wait to get started. The purpose of this employment agreement (this “Agreement”) is to communicate our mutual expectations in working together. In exchange for earning a salary, you agree to be bound to the following terms and conditions: 1. Parties. This Agreement is made between Hot Yoga Asheville, LLC, a limited liability company incorporated in the State of North Carolina (“Hot Yoga Asheville”, “we,” “us”, “its”), and [Employee Name] _______________(“you” and “your”). 2. Position. You are being hired by Hot Yoga Asheville for the position and services outlined in Schedule “A” Employment Services (the “Services”), and you are expected to follow the rules and policies outlined in Schedule “B” Expectations. 3. Compensation. In exchange for the Services, Hot Yoga Asheville will pay you the rate set out in Schedule “A” (the “Compensation"). The Compensation will be subject to all withholdings and deductions as required by law. In addition to the Compensation, Hot Yoga Asheville will also provide you with the following benefits: 3.1. Studio membership 3.2. Vacation days shall accrue in accordance with state and federal requirements. 4. Term. The term of this Agreement begins when this Agreement is signed by both parties. 5. Termination. Upon termination of this Agreement, you shall immediately return all property, documents, money, materials or equipment belonging to Hot Yoga Asheville or its clients. The following is how this Agreement can be terminated: 5.1. At-Will Employment. Your employment with Hot Yoga Asheville is at-will, meaning you or Hot Yoga Asheville may terminate this Agreement at any time, with or without cause, by providing advance notice in writing at least two weeks prior to termination (“Notice Period”). If this happens, you shall work until the Notice Period is complete. Hot Yoga Asheville will pay you through the end of the Notice Period. 5.2. Immediate Termination. Hot Yoga Asheville may also terminate this Agreement effective immediately without providing a Notice Period or further payment if you fail to perform your duties as outlined in Schedule “A” or comply with the expectations listed under Schedule “B”. 6. Manager/Scheduling. Adi Westerman, Lynn Zinser or appointed staff (hyastaff@gmail.com) will create your schedule. 7. Communication. Open and honest communication is vital to our working relationship and our success. Please communicate any issues or concerns when they arise and maintain an open dialogue throughout your work. 8. Confidentiality. Our community is our community and they need to be able to share with us in full confidence! You agree not to use any confidential information, including but not limited to workouts, technology, systems, client information, computer system access passwords and owner information, company earnings, your compensation, enrollment call outline and business processes (the “Confidential Information”) for any purpose outside the scope of the Services for Hot Yoga Asheville. If you are ever unsure if it’s okay to share information or talk about something that you are doing for us with others, refrain from doing so until you’ve asked us if it’s okay. 1 of 4 Initials: 9. Ownership of Work Product. You understand that the intellectual property rights, including all moral rights, of any and all creations which are produced through your work for Hot Yoga Asheville will belong exclusively to Hot Yoga Asheville and that by signing this Agreement you are giving away any and all rights you may have to IP ownership in anything you create for us. 10. Non-Competition Clause. You understand in being hired by, working with and learning from Hot Yoga Asheville, you will not be employed by, manage or own a business in direct competition with Hot Yoga Asheville, specifically in the yoga industry, within a 25 mile radius during the term of this Agreement (and for 1 year after its termination to open a studio), although you are permitted to work for other businesses that are not direct competitors of Hot Yoga Asheville. If you are unsure if the studio is competition please discuss with management. If you are found to have breached this provision, you will be responsible to pay all relevant damages to Hot Yoga Asheville, including the cost it incurs to hire an attorney to protect its rights. 11. Non-Solicitation. You understand that Hot Yoga Asheville has worked very hard to build up our business and online social media following and as such, you shall not solicit any business from Hot Yoga Asheville clients or use its connections for any other similar professional service during the term of this Agreement and for 1 year after its termination. This means that you will not use any of the Confidential Information for your own personal purposes or any purpose outside the growth of the Hot Yoga Asheville business or carrying out of the Services. 12. No Partnership. Nothing in this document will create a joint venture or partnership between you and Hot Yoga Asheville. The relationship is strictly that of Hot Yoga Asheville as your employer and you as an employee. You have no authority to act as an agent for or bind Hot Yoga Asheville into any agreement, unless explicitly instructed to do so by Hot Yoga Asheville’s management. 13. Taxes. It will be the responsibility of Hot Yoga Asheville to withhold all applicable federal, state, and local taxes during the course of your employment. 14. Voluntary Return to Work / COVID-19 Release. We are really happy to have our doors open again and to have you join our team. In order to make sure they stay open, we must be careful and need you to affirm that you are healthy and able to join us without endangering the health of anyone around you while promising to help maintain a safe and clean work space. 14.1. You agree that you are freely choosing to return to work in-person and understand that while we will do everything we can to protect you, there is a possibility you may be exposed to and even contract COVID-19 or a different communicable disease. You therefore agree to release us from any claims related to the contraction of COVID-19 or other communicable diseases. 15. Independent Legal Advice. You had the opportunity to obtain independent legal advice before signing this Agreement. By signing this Agreement, you understand the contents and legal significance of this Agreement and will be bound by this Agreement freely and voluntarily. 16. Standard Legal Things. Jurisdiction. This Agreement will be governed exclusively by the laws of the State of North Carolina. Severability. If any provisions of this Agreement are invalid or unenforceable, the other provisions in this Agreement will remain in full force and effect. Entire Agreement. This Agreement constitutes the entire Agreement between You and Hot Yoga Asheville and replaces any prior agreements, promises, covenants, and representations. Waiver of Breach. The waiver by Hot Yoga Asheville of any breach by you of any provision of this Agreement will not be taken to be a waiver of any further breaches by you. Notice. For the purpose of this Agreement, email will suffice for written notice when required by this Agreement. Headings. The headings used in this Agreement are for stylistic purposes only and none of the content in the headings are intended to be legally binding. Counterparts. This Agreement may be signed in any number of counterparts, each of which is an original, and all of which taken together constitute one (1) single document. Online Agreement. We agree that this Agreement may be signed electronically or agreed to by having you click “I Agree”. 2 of 4 Initials: ______________________________________ Signature ________________________________________ Signature Hot Yoga Asheville, LLC Per: Adi Westerman [EMPLOYEE NAME] SCHEDULE “A” EMPLOYMENT SERVICES This Schedule “A” sets out the duties and rates for the work you will complete for Hot Yoga Asheville. You must record all of your working hours. You will get paid every 2 weeks. [Instructors] Duties Rate Classes/Sessions: Teach class/session $__ per hour / class session Class Setup/Teardown: Tear down/setup of each day’s class, including after last evening class -- tearing down finished class and setting up next day’s class. $__ per hour / class session Closing: Clean studio, sanitize etc $__ per hour / class session [Sales Associates] Duties Rate Sales: Lead follow-ups via phone calls, text, email, social media messages. $__ per hour Lead generation: Actively asking for member referrals, community engagements etc. $__ per hour Tours: Studio tours for new and prospective members. $__ per hour [Other Roles] Duties Rate $__ per hour 3 of 4 Initials: $__ per hour $__ per hour SCHEDULE “B” EXPECTATIONS 1. Work Ethic. Work hard, always giving maximum effort while having fun and building rapport with the clients! 2. Punctuality. Always be on-time and prepared for work. Let us know if unforeseeable circumstances cause you to be late. 3. Present + Light. You will leave your personal baggage at the door and come in sober, clear-headed and ready to change lives. 4. “Lead with Love”. "Lead with love" and be responsive rather than reactionary. Provide positive and welcoming energy to the Hot Yoga Asheville team. 5. Respect and Courtesy. Treat all clients, other employees, and anyone that you come into contact with in the course of your employment in a professional, ethical, and kind manner in line with the Hot Yoga Asheville values as communicated to you. 6. Ongoing Learning. Participate in team-building exercises and in continued education both on your own and as scheduled. 7. Company Policies. Comply with Hot Yoga Asheville’s code of conduct and applicable company policies and procedures. 8. Legal Compliance. Comply with all federal, state, and local laws while conducting business on behalf of Hot Yoga Asheville. 9. Certifications. Keep all professional certifications valid and up to date. 4 of 4 Initials: 5 of 4 Initials:
