📝 New Hire Onboarding

NON-COMPETE, NON-DISCLOSURE AGREEMENT

This Non-Compete, Non-Disclosure Agreement (“Agreement”) is dated this ___ day of ___, 2026 (the “Effective Date”), between ___ (“Employee”) and ___ (“Sky Vapors # LLC”).

This Agreement is made as part of and in consideration of Employee’s employment by Sky Vapors # LLC, and the parties’ recognition of Sky Vapors # LLC’s need to protect its legitimate business interests, including, without limitation, its Confidential Information (as defined below), trade secrets, customer lists, reputation, market share, business relationships, accounts, patronage, pricing information, investment in the specialized and extraordinary training of its employees, and goodwill.

The covenants and restraints set forth in this Agreement are reasonably necessary to protect the Sky Vapors # LLC’s legitimate business interests. Employee acknowledges that the Sky Vapors # LLC has a substantial investment of time, effort and expense in its specialized business, and that the nature of Employee’s position will enable Employee to obtain and become familiar with Sky Vapors # LLC’s trade secrets, Confidential Information (as defined below), business techniques, methodologies, marketing efforts, specialized training, and customer relationships. Employee agrees that his/her position with the Sky Vapors # LLC places him/her in a position of confidence and trust with its customers, suppliers and employees. Employee agrees that it is reasonable and necessary for the protection of the goodwill and business of Sky Vapors # LLC that Employee make the covenants contained herein, that the covenants are a material inducement for Sky Vapors # LLC to employ Employee and to enter into this Agreement, and that the covenants are given as an integral part of and incident to his/her employment.

Therefore, in consideration of the continued relationship with Employee, the compensation provided to Employee, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Employee hereby agrees as follows:

RESTRICTIVE COVENANTS

A. Non-Competition.

For a period of five (5) years from the Effective Date, Employee shall not, directly or indirectly, own any part of or be employed (either as an employee, independent contractor, Manager or otherwise) by any other individual or entity engaging in a vape or smoking shop or similar business within a one hundred (100) mile radius of any such store owned by Sky Vapors # LLC or an entity related to Sky Vapors # LLC or sharing common ownership of Sky Vapors # LLC (“Protected Companies”).

B. Non-Solicitation of Employee.

For a period of five (5) years from the Effective Date, Employee shall not, on Employee’s own behalf or on behalf of any other person or entity, solicit, divert or recruit any person who is, during such time frame, an employee or independent contractor of a Protected Company, to leave such employment or independent contractor relationship, or in any other manner attempt, directly or indirectly, to influence, induce, or encourage any employee or independent contractor of a Protected Company to leave the employment of a Protected Company.

C. Non-Disclosure.

Employee acknowledges that in connection with and as a result of his/her employment and relationship with Sky Vapors # LLC, Employee has, will be making use of, acquiring, or accessing certain Confidential Information belonging to Sky Vapors # LLC. As used herein, the term Confidential Information includes, without limitation, trade secrets, customer lists, customer preferences and information, business leads, patents, copyrights, proprietary information, supplier lists and prices, pricing schedules, business methods and processes, best practices for the industry, and marketing plans.

Employee covenants and agrees that he shall not, during the term of this Agreement and for a period of five (5) years thereafter, without the prior written consent of Sky Vapors # LLC in each instance, disclose to any person or entity any Confidential Information, or utilize such Confidential Information for Employee’s own benefit, or for the benefit of any third party.

D. Reasonableness of Restrictions.

Employee has carefully read and considered the provisions of this Agreement, and having done so, agrees that the restrictions set forth herein are fair and reasonable, are supported by sufficient and valid consideration, and do not impose any greater restraint than is necessary to protect the goodwill and other legitimate business interests of the Protected Companies.

E. Notification.

Employee agrees that Sky Vapors # LLC may notify any person or entity employing Employee or evidencing an intention of employing Employee of the existence and provisions of this Agreement.

F. Remedies.

In the event of a breach or threatened breach of this Agreement, Sky Vapors # LLC shall be entitled to: (a) temporary, preliminary and/or permanent injunctive relief; and (b) agreed upon liquidated damages in the amount of $50,000. The prevailing party in any action filed to enforce this Agreement shall be entitled to recover reasonable attorneys’ fees and costs.

II. MISCELLANEOUS

A. Choice of Law and Venue.

This Agreement shall be governed by the laws of the State of Florida. The sole and exclusive venue for any legal action arising out of this Agreement shall be in Manatee County, Florida.

B. Modification or Waiver.

No change or modification of this Agreement shall be valid or binding upon the parties unless such change or modification or waiver is in writing and signed by all parties to this Agreement.

C. Severability.

If any provision of this Agreement is held to be void or unenforceable, such adjudication shall not affect the validity of the remainder of the Agreement.

D. Integration.

This Agreement represents the entire understanding between the parties with respect to the subject matter hereof, and supersedes all prior agreements, whether oral or written.