Employee Code of Conduct Waiver

This EMPLOYEE CODE OF CONDUCT WAIVER AND RELEASE OF LIABILITY AGREEMENT (“Agreement”) is made and entered into by and between myself and American Landmark Management LLC (“Company” or “American Landmark”). For purposes hereof, Employee and Company shall be collectively referred to herein as the “Parties.” This Agreement shall be effective on the date that its execution is completed by Employee (“Effective Date”). WHEREAS, American Landmark has adopted certain policies, rules and procedures to ensure orderly operations, provide the best possible work environment at Company-sponsored functions or events, and otherwise protect the interests and safety of all employees and the organization; WHEREAS, American Landmark expects employees to follow these policies, rules and procedures while attending any Company-sponsored functions or events, or while otherwise performing or participating in any work-related activity off Company premises; WHEREAS, Employee acknowledges that he or she has been invited to American Landmark’s Annual Management Conference (hereinafter collectively referred to as “Event”) and has voluntarily elected to attend, this event is scheduled to take place from December 6, 2024 thru December 8, 2024 at Wyndham Grand in Clearwater Beach;WHEREAS, as a condition to attending the Event, the Employee is required to read, understand and execute this Agreement; WHEREAS, the Parties acknowledge that throughout the duration of the Event, Employee shall exercise good judgment, behave in a respectable and courteous manner, and abide by all rules, policies and procedures of Company (including, without limitation, those set forth in Company’s Team Member Handbook), this Agreement, and all applicable laws, rules, regulations, policies, guidelines and directives; and WHEREAS, the Parties acknowledge and recognize the possibility that during the Event, Employee may injure himself or herself or others, and that Employee may cause damage to the property of another due to actions outside the control of Company.
1.Policies and Procedures.
(a)Employee understands and agrees that throughout the duration of the Event, he orshe shall (i) conform to all policies and procedures set forth in Company’s Team Member Handbook including, but not limited to, policies prohibiting the use, sale and distribution of illegal drugs, abuse of alcohol, insubordination, bullying, discrimination, sexual harassment and retaliation, (ii) comply with the provisions of this Agreement, and (iii) adhere to all federal, state and local laws, rules and regulations, as well as all rules, policies and regulations of the Company and the Event venue including, without limitation, safety guidelines and security signs, postings and verbal directions.
(b)Employee understands that he or she is personally responsible for, and assumesall risks and consequences that may arise from, his or her violation of any Company policies and procedures during the Event (including, but not limited to, Company’s policies prohibiting the use, sale and distribution of illegal drugs, abuse of alcohol, insubordination, bullying, discrimination, sexual harassment and retaliation), his or her breach of this Agreement, and/or his or her violation of all other applicable laws, rules, policies and regulations.
(c)Employee understands that violation of any Company policy during the Eventmay subject Employee to immediate termination of employment, in addition to possible legal repercussions deemed appropriate under the circumstances. Employee further understands that although it is impossible to list all forms of behavior which are unacceptable at Company-sponsored events, the following is a non-exhaustive list of unacceptable conduct which would be considered infractions of American Landmark’s rules of conduct and which may result in disciplinary action, up to and including termination of employment: (i) theft or inappropriate removal or possession of Company property or the property of a fellow employee; (ii) willful destruction of Company property or the property of a fellow employee; (iii) working at or attending the Event under the influence of alcohol or illegal drugs; (iv) possession, distribution, sale, transfer, or use of alcohol or illegal drugs at the Event (except, with respect to alcohol, when expressly permitted by Company) or while operating Company-owned or provided vehicles or equipment; (v) fighting or threatening violence; (vi) sexual or any other form of harassment; (vii) any form of discrimination, retaliation or bullying; (viii) using excessively abusive, threatening, or obscene language; (ix) using intimidation tactics or making threats; (x) sabotaging another’s work; (xi)making malicious or false statements about others; (xii) publicly disclosing another’s privateinformation; (xiii) possession of dangerous or unauthorized materials (such as firearms), exceptas otherwise expressly permitted by applicable law; (xiv) unauthorized disclosure of theCompany’s trade secrets or confidential information; (xv) falsifying Company records or reports,including one’s time records or the time records of another employee; and (xvi) violation of anyother Company rule, policy or procedure.
(d)Company understands that Employee may consume alcohol while at the Event.As such, Employee agrees to use good judgment and to consume alcohol in moderation. Employee hereby assumes all risks associated with alcohol consumption and takes full responsibility for his or her own actions (whether intentional or unintentional), safety and welfare. Employee further understands that he or she will be among other guests of the Event, including other Company employees and third parties, and that Employee will conduct himself or herself in a way that does not endanger Employee or other guests. Employee understands and agrees that the failure to act responsibly or professional while consuming alcohol at the Event, or his or her abuse of alcohol at the Event, may result in disciplinary action up to and including termination of employment.
(e)Employee understands the potential risks associated with the consumption ofalcohol and acknowledges that Employee does not have, or is not aware of, any medical condition(s) that would prevent Employee from consuming alcohol or that would result in any injury or damage to Employee as a result of Employee’s consumption of alcohol. By consuming alcohol at the Event, Employee represents that he or she is at least 21 years of age and is legally eligible to purchase and consume alcohol.
(f) Employee understands that Company is not responsible for any errors, omissions, acts or failure to act by Employee during the Event. Accordingly, Employee understands that while attending the Event, Employee is responsible for reporting and handling any injuries that may occur during the Event or at any Activities and Company is not responsible for injuries that occur during such Event or Activities except as may otherwise be required by applicable law.
2. Waiver and Release.
(a) Employee, for himself or herself and anyone else entitled to act on Employee’s behalf (collectively, the “Releasors”) hereby releases, waives, discharges, and holds harmless Company, its past and present affiliates, parent corporations, subsidiaries, divisions and related entities, including all of their respective owners, officers, directors, administrators, partners, managers, members, employees, consultants, contractors, insurers, insurer’s agents, trustees, fiduciaries, attorneys, representatives, and agents, both individually and in their respective business capacities, and all of the successors, assigns, and legal representatives of the foregoing (collectively, the “Releasees”) from any and all liability, claims, rights, demands, suits and damages arising from any and all injuries, losses, theft, vandalism or damage to Employee or any Releasor, or to the personal property of Employee or any Releasor, which (i) may occur as a result of any action or inaction of Employee during the Event or while participating in any Activities and/or (ii) arise out of or are attributable to Employee’s attendance at the Event or participation in the Activities (whether arising out of the ordinary or gross negligence from any of the Releasees or any other attendees, or from any other cause whatsoever of Company, any of the Releasees or otherwise). Releasor covenants not to make or bring any such claim against Company or any other Releasee, and forever release and discharge Company and all other Releasees from liability, under such claims. Notwithstanding the foregoing, this waiver and release does not extend to claims for intentional torts or any other liabilities which applicable law does not permit to be released by agreement.
(b) Employee understands and acknowledges that the listing of specific types of claims as set forth above is not intended to limit in any way the general and comprehensive scope of this release from the Releasor to the Releasees. Employee understands that this document shall constitute a complete and irrevocable release and waiver of liability.
3. Indemnification. Releasor hereby agrees to indemnify and hold harmless the Releasees from any and all losses, liabilities, damages or costs (including attorneys’ fees and court costs) that may, now or in the future, (i) arise from or (ii) may be incurred by any of the Releasees as a result of (A) Employee’s actions and/or inactions during the Event, (B) the actions and/or inactions of any of the Releasees or any other attendees at the Event, and/or (C) Employee’s attendance at the Event or participation in Activities.
4. Voluntary Agreement. Employee affirms that he or she has read this Agreement and fully understands its terms, understands that he or she has given up certain rights by signing it, is aware of its legal consequences, has signed it freely and voluntarily without any inducement, assurance or guarantee being made, and intends his or her signature to be a complete and unconditional release of all liability to the greatest extent allowed by law.
IN WITNESS WHEREOF, the Parties hereto have caused this Employee Code of Conduct and Release of Liability Agreement to be duly executed on the date set forth below, to be effective for all purposes as of the Effective Date.