EFTA01223242.pdf

Please fill out the documents listed below: ❑ Cover Sheet ❑ Confidentiality Agreement ❑ General Statement of Employment Policy O Direct Deposit ❑ Employment Application ❑ Form 1-9 O Notification/Release of Information Form ❑ W-4 O Liability Release Form ❑ Emergency Contact Form EFTA01223242  CONFIDENTIALITY AGREEMENT In order to induce LSJE, LLC, a Virgin Isla "Company"), to consider me for employment nds limited liability company (the with the Company or to consider engaging an independent contractor of the Company, and me as in consideration of any future employment or engagement that I may obtain with the Compan y and any compensation or other remune be hereafter paid to me in connection therewith, ration to I, (her eina fter sometimes referred to as the Applicant"), acknowledg e that I have been informed of my obli hereunder and that such obligations are a con gations dition to the Company's consideration employment or engagement by the Compan of my y, and any subsequent employment or engage may obtain, and I hereby agree as follows: ment I Section 1. Term of Employment; Termination. In the eve employed by the Company, notwithstanding nt that I am hereafter anything to the contrary provided in the Islands employment law, I agree and understand Virgin that nothing in this Agreement shall con right with respect to the grant or continuatio fer any n of my employment by the Company. I furt agree and understand that, in the event that her I am hereafter employed or engaged by the any breach of this Agreement by me may resu Company, lt, in addition to any and all other remedie may then be available to the Company, in my imm s which ediate termination. Section 2. Confidentiality Obligations of the Applicant 2.1 Definition of Confidential Information. Agreement, the term "Confidential Information (a) For purposes of this " shall mean any "Company Information hereinafter defined) and any "Personal Info " (as rmation" (as hereinafter defined) abo Jeffrey Epstein, (ii) Little St. James Island and ut any one of (i) Gre Company, any corporation, limited liability com at St. James Island (the "Property"). (iii) the pany, partnership or any other entity controlled by Jeffrey Epstein ("Affiliate"), or owned or any of the members, managers, partners, officers, shareholders, or agents thereof, directors, (iv) any other employee of the Com Affiliate or any other person or entity emp pany or any loyed or engaged to provide services respect to the Property, (v) any person visiting on or with the Property or any of the Company's (vi) any personal associate, business associat offices, and e or client of any of the persons describe above clauses (i) through (v), inclusive, d in the gathered or learned by the Applica indirectly during the course of the Applica nt directly or nt's application for employment or engage Company and/or in connection with any emp ment by the loyment or engagement of the App Company. licant by the (b) For purposes of this Agreement, the term mean information about the Company of "Company Information" shall any type which is commonly con confidential nature and includes, but is not sidered of a limited to, information (whether in oral, photographic or recorded form) regarding written, the pers services; business plans; mechanized or non ons or entities for who the Company provides mechanized systems of accounting procedures in conducting activities; drawings, ; method plans, permits or filings with respect s or Property; vendor lists; assets; financia to the l records; the identities, skills, busines compensation and financial net worth and s activities, any other information of a similar nature the persons or entities described in clauses about any of (i) through (vi), inclusive, of Section 2.1(a) of this EFTA01223243  Agreement (the "Classified Par ties"). (c) For purposes of this Agree information of any type which is ment, the term "Personal commonly considered of a person Information" shall mean not limited to, information (w al nature and includes, but hether in oral, written, photograp is the identities; the nonbusiness hic or recorded form) regard activities; personal assets; person ing relationships, friends and relativ al plans; the personal lifesty es of, the individuals who associ le, associate with, and any other inform ate with or who are invited ation of a similar nature about any to of the Classified Parties. 2.2 Confidential Information Shall hereafter, I will hold in the stricte Not Be Discussed. At all times st confidence and will not use, pub or in any manner disclose any Co licize, lecture upon, publish nfidential Information, unless authorized in writing such disclo the Company has expressly sure, use or publication. I hereby rights 1 may have or acquir assign to the Company any e in any Confidential Informatio Confidential Information shall n and acknowledge that all be the sole and exclusive proper agree and acknowledge that und ty of the Company. I fur er this Agreement, I am obligated ther ensure that no Confidential Inform to use my best efforts ation is disclosed. To the extent tha to now or in the future, as to wh t I have any doubts, either ether information I possess is Co herein, I will contact the Comp nfidential Information as any for clarification before divulg defined ing or using such informatio n. 2.3 Third Party Information Shall No may receive Confidential Inform t Be Disclosed. I unders ation from third parties, as well tand that I acknowledge and agree that Co as from the Company. I nfidential Information which I rec treated in the same manner as Co eive from third parties is to nfidential Information received be of my obligations hereunder from the Company and tha apply to all Confidential Informatio t all source. n received, regardless of its 2.4 Return of Documents. Upon the Company any and all demand by the Company, I documents, written materials, will deliver to specifications and any other ma notes, drawings, photog terials of any type or nature wh raphs, possession or control, and all atsoever which I have in copies thereof, which may my Confidential Information. constitute, include or disclo se Section 3. Review of Agreement. I acknow and that I have had the opport ledge that I have read thi unity to consult and review it wit s Agreement, before signing it. h my own counsel if I so desire, Section 4. Conflicts. 4.1 Avoidance of Conflict of Intere employment or engagement of me st. I agree that during by the Company, so long as I the term of any full-time basis, I will not, withou am employed or engaged t the Company's express written on a employment or other business act con sen t, eng age in any ivity other than the performance of my duties for the Company . 4.2 No Conflicting Obligations. entered into, and agree that I warrant and represent I will not enter into, any agreem that I have not ent (either written or ora l) that EFTA01223244  conflicts with the provisions of this Agr eement or otherwise impairs my ability to obligations hereunder. I further warrant perform my and represent that I am not subject to decree, writ or order of any court or to any injunction, any other duty or responsibility, legal or conflicts with the provisions of this Agreem othe rwise, which ent or otherwise impairs my ability to obligations hereunder. I shall immediately perform my inform the Company should I subsequentl subject to any such injunction, decree, writ y become , order, duty or responsibility. Section 5. Remedies. 5.1 Equitable Relief. I acknowledge that the Confidentia constitutes unique and confidential information l Information of the Company and the other Classified and in the event of a breach or a threaten Parties ed breach of this Agreement, the Company Classified Parties will be irreparably harm and the other ed and there will be no adequate rem Therefore, in addition to any and all othe edy at law. r rights and remedies the Company and Classified Parties may have, the Compan the other y and the other Classified Parties shall injunctive or other equitable relief in the be entitled to event of a breach or threatened breach here hereby waive any right to assert as a defense of and I that there is an adequate remedy at law. 5.2 Liquidated Damages. In addition to any or damages available at law or in equity, and all other rights, remedies I agree that if any arbitrator(s) or a cou jurisdiction finds that I have breached any rt of competent of the provisions of this Agreement, I Company the sum of One Hundred Thousan will pay the d ($100,000.00) Dollars, as liquidated not as a penalty. I recognize and understand that dam ages and it would be difficult or impossible to the actual amount of damages resulting from calculate such a breach, and acknowledge that the One Hundred Thousand ($100,000.00) Dollars sum of would be reasonable under the circums tances. 5.3 Enforcement by Other Classified Parties. and agree that each of the Classified Part I understand, acknowledge ies other than the Company is an inte beneficiary of Section 2 and Section 5.1 of nded third party this Agreement and that each of them right to enforce my obligations hereunder shall have the in an action brought in his, her or its own name. Section 6. General Provision. 6.1 Governing Law. This Agreement shall be in accordance with the laws of the Uni governed by and construed ted States Virgin Islands applicable to con delivered and to be fully performed in such tracts executed, jurisdiction, without giving effect to conflicts of law. the principles of 6.2 Severability. If one or more of the provisions of deemed invalid or unenforceable by law this Agreement are , then the remaining provisions hereof full force and effect, without regard to will continue in the invalid or unenforceable provisio hereof, as the provisions of this agreement n or are intended to be and shall be deemed seve provisions rable. 6.3 Survival. The provisions of this Agreement and effect, regardless of whether the App shall continue in full force licant is ultimately employed or engaged by the 3 EFTA01223245  Company, and if the Applicant is employed or engaged by the shall survive the termination of Company, the provisions hereof any such employment or engage Company. ment of the Applicant by the 6.4 Binding Effect. This Ag binding upon, and inure to the reement and all of the benefit of, the parties hereto and provisions hereof shall be assigns. heirs and personal repres their respective successors, entatives. 6.5 Waiver. No waiver by the Co shall be a waiver of any preced mpany of any breach of ing or succeeding breach. No this Agreement right under this Agreement shall be waiver by the Company of any construed as a waiver of any oth not be required to give notice to er right. The Company sha enforce strict adherence to all of the ll Agreement. terms and provisions of thi s 6.6 Headings. The headings contain shall not control or effect in any ed herein are for convenien way the meaning or interpretation of ce only and the provisions hereof. 6.7 Entire Agreement. This Ag understanding between the Comp reement sets forth the entire any and the Applicant relating to agreement and supersedes and merges all prior the subject matter hereof and discussions, understandings and oral, between them relating to agreements, whether writte the subject matter hereof. No modif n or this Agreement, nor any waive ication of, or amendme r of any rights under this Agree nt to, writing signed by the party to ment, will be effective unl be charged therewith. If the Applic ess in engaged by the Company, any ant is hereafter employed terms of employment or statem or by the Applicant, and any subseq ents of employment policy uent change or changes in the Ap sig ned remuneration will not affect the plicant's duties, salary or validity or scope of this Agree other ment. Signed: Print Name: Date: Address: 4 EFTA01223246  LSJE, LLC GENERAL STATEMENT OF EMPLOYMENT POLICY 1. Please read the following General Statement of Employme nt Policy of LSJE, LLC (the "Company") very carefully. If you have any quest ions about any part of this General Statement of Employment Policy, or how it affects you and your position, please ask a member of management of Little St. Jame s Island / Great St. James Island (the "Island"). No question is unimportant or insign ificant. When used in this General Statement, the `Owner" refers to the principal who resides on the Island. 2. Proof of CitizenshipTheaal Status and Authority to Work . A. The Company employs only United States citizens and those non-U.S. citizens authorized to work in the United States in compliance with the Immigration Reform and Control Act of 1986. Each employee, as a condition of employment, must complete the Employment Eligibility Verification Form I-9 and present documentation establishing identity and employment eligibility. The documentation required to be presented is described on the Form 1-9 and the instructions to that Form . Former employees who are rehired must also complete the Form if they have not completed a Form I-9 with the Company within the past three years or if their previous Form 1-9 is no longer retained or valid. Each employee must present unexpired employment authorizatio n on or before the expiration date of documentation used for Form I-9 verifi cation. B. Anyone unable to show employment verification will not be able to work on the Island until they obtain the necessary documents. 3. Work Guidelines A. At any given time, times and the length of your workday may vary, depending on the arrival and departure schedules of the Owner and guests on the Island, physical conditions on the Island, special needs of the Island, the Company, the Owner or the Owner's guests, or any number of other circumstances. Because such arrival and departure schedules, physi cal conditions, special needs and other circumstances are not always predictable, you should be prepared to work an extended work day or up to 10-12 or more consecutive work days on little or no notice. The Company and the Island's managers will endeavor to provide you with advance notice, if possible under the circumstances, with respect to any variance in the work day or work week, but notice may not always be possible and you are expec ted to remain flexible and work as necessary as a requirement of your emplo yment. 1 EFTA01223247  B. You will be provided transportation by boat to the Island. You supervisor and the Island's management will advise you in adv ance of the times that the boat will leave American Yacht Harbor to transpor t you to the Island. Please be on board by those times. If you miss the boat you will be marked absent from work with a reduction to your salary. C. You must carry your Social Security Car 9x your Green Card with you at all timesdwhi and either your United States Passport le you travel to and from the Island. The boat captain or a member of his staff may require you to show these documents before you will be allowed to board the boat. If you do not have the documents you will not be permitted to boa rd, and the boat will leave without you. If that happens you will be marked abse nt from work with a reduction to your salary. D. Your compensation is based on an annual salary paid over 26 bi-weekly installments. As a salaried employee, you are being hired to complete a job for which you are responsible. You will not be compensated at an hourly rate based on the number of hours worked. 4. Your work schedule will be prepared on a wee kly basis by the Island's managers and your supervisor, but may be subject to change s on little or no notice, depending on the arrival and departure schedules of the Ow ner and guests on the Island, physical conditions on the Island, special needs of the Island, the Company, the Owner or the Owner's guests, or any number of other circ umstances. 5. M A. Vacation Days - Each employee may take off paid vacation days as follows: • After you have completed one full year of wor k on the Island, you may take off 5 paid vacation days per year, beginning after the completion of your first full year of work. • After you have completed two full years of work on the Island, the number of paid vacation days per year that you may take off will increase to 10 paid vacation days per year, beginning after completion of your second full year of work. This number of paid vacation days per year will remain in effect until after you have completed the fifth full year of work. • After you complete five full years of work on the Island, the number of paid vacation days per year that you may take off will increase to 15 paid vacation days per year, beginning after completion of you r fifth full year of work. • After you complete ten full years of wor k on the Island, the number of paid vacation days per year that you may take off will increase to 20 paid vacation days per year, beginning after completion of your tenth full year of work. After you complete, ten full years of work on the Island, this number of paid vacation days per year will remain in effect for as long as you continue to work for the Company. 2 EFTA01223248  You must make a written request to the Island's managers at least one month in advance for any permitted vacation days. The Company prefers that permitted vacation days be taken not more than 5 consecutive days at a time. However, if management, in its discretion, deems that there is a good reason to make an exception, management may authorize you to take permitted vacation days for up to the maximum of 10 consecutive permitted vacation days. If you wish to request more than 5 consecutive permitted vacation days at one time, please include the reason in your written request. Vacation days will not be carried over from year to year and no payment will be given in lieu of vacation days. You must use your permitted vacation days in the year that they apply or they will be lost. Based on the rules described above, requests for permitted vacation days will be honored as long as the Island's managers and your supervisor determine in their discretion that the requested vacation days do not interfere with the Island's staffing requirements for the period of time requested off. B. Sick Time — Up to a maximum of 5 days per year that you do not work because of sickness will be paid. Any additional sick days taken will be taken with a reduction to your salary. Sick days will not be carried over from year to year and no payment will be given in lieu of sick days. If you are sick and unable Lpayork on a given work day, you must notify the Island's managers by 7:00.0. of that workday. If you do not do so, you will not be paid for that sick day even if you have not used all of your allotted sick days for that year. If possible, please notify the Island's managers the evening before. You must deliver a doctor's note to your supervisor or the Island's managers in the event that your illness requires you to take more than 3 days off work. If you fail to provide your supervisor or the Island's managers with a doctor's note to explain your absence for more than 3 days work, you will not be paid for those sick days, even if you have not used all of your allotted sick days for that year. Failure to provide your supervisor or the Island's managers with the required Doctor's note more than one time will give the Island's managers grounds to terminate your employment, although the Island's Managers may, in their discretion, impose other disciplinary sanctions as discussed in paragraphs 9 and 14 of this General Statement, including written and verbal warnings, if they decide it is appropriate under the circumstances. 3 EFTA01223249 C. Holidays — The Island's managers will provide you with a list of holidays during each calendar year for which each emp loyee will receive full payment, even if employee does not work that day. Dep the ending on the arrival and departure schedules of the Owner and guests on the Island, physical conditions on the Island, special needs of the Island, the Company, the Owner or the Owner's guests, or any number of other circums tances, you may be required to work on one or more of these holidays as a requ irement of your employment with little or no notice. If you are required to work on a Holiday, an alternate day off may subsequently be given by the Island's man agers at their sole discretion. D. Unscheduled Personal Time Off— Staffing at the Island is scheduled so that each department operates efficiently. The unsc heduled absence of even one employee in a department could interfere with the dep artment's work schedule and should be avoided. The Company understands that unexpected personal issues, apart from illness, do occur, and will permit emp loyees to take up to a maximum of 3 personal days off. However, as you will not be working for the day that you take off as a personal day, it is the general policy of the Company that you will not be entitled to receive any compen sation for any permitted personal days off. However, the Island's managers, in their discretion, may permit you to use a permitted paid vacation day for a personal day taken off. It is the general policy that no additional pers onal days will be permitted, except in the discretion of the Island's man agers for extreme or extraordinary cases. You must make a verbal request to the Island's managers 24 hours in advance of any personal days off you may seek to take. In extraordinary cases, such as unexpected emergency situations, notification must be given to the Island's managers prior to 7:00 am. If you fail to report for wo thout giving the appropriate notice or calling Island's managers by 7:00 the that will be considered a violation of your employment duties for which the appropriate disciplinary measures will be determined by the Island's managers in their disc retion. They may impose any disciplinary sanctions for your violation as they determine appropriate, including those discussed in paragraphs 9 and 14 of this General Statement of Employment Policy (for example, written and verbal warning s, and/or termination of employment, if they decide it is appropriate under the circumstances). If you fail to report for work without any noti ce for two consecutive days, you will be considered to have abandoned your emp loyment. Based on the rules described above, requests for unscheduled personal days will be honored as long as the Island's managers dete rmine in their discretion that your request does not interfere with the Island's requ irements for the period of time requested off. 4 EFTA01223250  E. Absenteeism - If you fail to report for wor k for even one day without the required notice under the circumstances (for exampl e, required notice when you are sick or required notice when you have an emergen cy requirement for unscheduled personal time off), that will be considered a breach of your employment duties for which the appropriate disciplinary measure s will be determined by the Island's managers in their discretion. If you fail to report for work without the required notice for two consecutive days, you will be con sidered to have abandoned your employment. 6. Please do not bring your personal problem s to work with you. You will not be perm to do your personal laundry on the Island. itted 7. You are expected to avoid use of any tele phone on the Island for personal calls, exc cases of emergency. ept in Use by any worker on the Island of personal cell phones and audio devices with head during work hours is prohibited. sets 8. For safety and other security reasons, the boat captain and the Island's managers mus have the right to search any bags or packag t es carried onto the boat, or onto or off of Island. For that reason you should be awa the re that any bags you bring to or from the Isla could possibly be subject to search by the boat nd captain or his staff or the Island's managers from time to time. Any illegal items found during such search will be confiscated. To minimize any intrusion on your privacy that may result from these possible searches, we ask that you please avoid carrying multiple, oddsized or ove rsized packages or bags on board the boa and avoid bringing unnecessary personal item t s to work with you. YOU ARE STRICTLY PROHIBITED FROM REMOV ING ANY ITEMS FROM THE ISLAND THAT DO NOT BELONG TO YOU (INCLU DING, BUT NOT LIMITED TO, ANY ITEMS OF TRASH ON THE ISLAND OR ANY ITEMS BELIEVED BY YOU TO BE DISCARDED BY THE ISLAND'S OWNER S OR MANAGEMENT). 9. It is the Company's goal to create a pleasant, con genial, safe and productive work environment on the Island which is free of any persons or conduct which may jeopardize that environment or harm any of the employe es, workers, guests, or managers on the Island or the Owner. In order to create such an environment, the Company has adopted a Zero Tolerance policy regarding the following acti vities: A. Being under the influence, possessing or using drugs (including abusing prescription drugs) or alcohol while on the Isla nd and/or during work, and drug or alcohol related criminal offenses while away from work. B. Possessing or using any weapons, including gun s and knives, on the Island or during work, and weapons related criminal offenses while away from the Island. 5 EFTA01223251  C. Theft. D. Dishonesty. E. Fighting. F. Insubordination. G. Disrespectful, violent, aggressive, abusive or otherwise inappropriate behavior towards another employee, staff member, manager or owner. H. Any conduct constituting discrimination based on race, color, national origin, alienage, citizenship status, creed, religion, religious affiliation, age, sex, martial status, disability, or otherwise as may be prohibited by federal or Virgin Islands law. I. My form of sexual harassment towards an employee, supervisor, any of the Island's managers, Owner or guest of the Owner. J. My criminal conduct while away from wor k. If the Island's managers have reason to beli eve that you have committed any of the