GR Employment Agreement

Employee Agreement/Confidentiality, Non-Compete and Non-Solicitation Agreement

     This Agreement confirms that, effective this day, you are retained as an at-will employee of Doug Miller 19, Inc. d/b/a (DM19INC), (Rochester Lancers Youth Academy), or 4618 Glacier Ridge LLC, 

     As an at-will employee, DM19INC or 4618 Glacier Ridge LLC makes no express or implied commitment that your employment will have a minimum or fixed term, that DM19INC or 4618 Glacier Ridge LLC may take adverse employment action only for cause or that your employment is terminable only for cause.  Either you or DM19INC or 4618 Glacier Ridge LLC may terminate the employment relationship at any time for any reason.  Should you voluntarily terminate your employment with DM19INC or 4618 Glacier Ridge LLC, you agree to provide DM19INC or 4618 Glacier Ridge LLC with 72 hours advance notice of your desired termination date. Additionally, DM19INC or 4618 Glacier Ridge LLC may take any other employment action at any time for any reason.  No one at DM19INC or 4618 Glacier Ridge LLC may make, unless specifically authorized in writing by DM19INC’s Chief Executive Officer and/or Board of Directors, any promise, express or implied, that your employment is for any fixed term or that cause is required for the termination of, or change in, the employment relationship.

Your job description: See addendum “A”

You will be compensated: See addendum “B”

     In consideration of, and as a condition of employment with DM19INC or 4618 Glacier Ridge LLC, and in consideration of the other rights and privileges of employment with the DM19INC or 4618 Glacier Ridge LLC, the undersigned makes this Agreement.  In so doing, the undersigned agrees that DM19INC or 4618 Glacier Ridge LLC has a legitimate interest in preventing him or her from exploiting or appropriating the assets and goodwill of DM19INC or 4618 Glacier Ridge LLC which have been created and maintained at DM19INC’s and 4618 Glacier Ridge LLC expense.

      For purposes of this Agreement:

     (a)“Confidential Information” means any and all information and material proprietary to DM19INC & 4618 Glacier Ridge LLC or not generally known or available to the public in which DM19INC and 4618 Glacier Ridge LLC has any interest or rights now or in the future, including without limitation DM19INC's business strategies, client lists, client evaluations, client information, agreement terms, databases and anything else that might be construed as proprietary or confidential in nature.  Confidential Information shall not include information and material (i) publicly available through no action by the undersigned, (ii) released by DM19INC & 4618 Glacier Ridge LLC with a written waiver of confidentiality, (iii) lawfully obtained from third parties, or (iv) previously known or developed by third parties independently of DM19INC or 4618 Glacier Ridge LLC and the undersigned, provided that such knowledge or development can be independently substantiated, and

     (b) “Termination” means termination or cessation of employment or other contractual relationship giving rise to the undersigned’s services on behalf of DM19INC & 4618 Glacier Ridge LLC (for whatever reason or no reason and whether such termination or cessation occurs at your instance or at the instance of DM19INC or 4618 Glacier Ridge LLC).

     During the course of his or her employment, the undersigned may have access to, develop, or otherwise be exposed to or aware of Confidential Information.  Such Confidential Information must be kept strictly confidential.  Both during and after his or her Termination, the undersigned agrees: (a) to take every reasonable precaution to safeguard and treat the Confidential Information as confidential, (b) not to disclose the Confidential Information to any third party except as part and in furtherance of the business of the Company, and (c) not to disclose or use the Confidential Information in any manner that would not be in the interests of the Company.

     For a period of one (1) year after the undersigned is no longer employed by DM19INC or 4618 Glacier Ridge LLC, or such time as the undersigned ceases to provide services to DM19INC or 4618 Glacier Ridge LLC as an independent contractor, as the case may be, the undersigned will not directly or indirectly engage in any business that competes with DM19INC or 4618 Glacier Ridge LLC.  This covenant shall apply to the geographical area that includes the area within a twenty-five (25) mile radius of 4618 Ridge Rd West, Spencerport NY 14559.

     The undersigned agrees that, during his/her employment and for a period of one year after Termination, he/she shall not, directly or indirectly, including among others as a director, officer, employee, agent, partner or equity owner (except as owner of less than 1% of the shares of the publicly traded stock of a corporation) of any entity, solicit or contact with a view toward soliciting any past or present client of DM19INC or 4618 Glacier Ridge LLC or prospective client of DM19INC or 4618 Glacier Ridge LLC, the identity of whom was learned through his/her employment with DM19INC or 4618 Glacier Ridge LLC, for purposes of offering services intended to compete with services offered to such clients by DM19INC.

     The undersigned further agrees, as a condition of continued employment, that for a period of one year after Termination, he or she will not induce or attempt to induce any employee, agent or consultant of DM19INC, or 4618 Glacier Ridge LLC or any subsidiary to terminate his or her employment or association with DM19INC, or 4618 Glacier Ridge LLC or any affiliates.

     By execution of this Agreement the parties acknowledge that they regard the restrictions on confidentiality, solicitation and inducement activities contained in this Agreement as reasonable and compatible with their respective rights and expectations.  If, however, any of the restrictions shall for any reason be held by a court of competent jurisdiction to be excessively broad (including among others as to duration, geographical scope, activity or subject), such restrictions shall be construed so as to be limited or reduced to be enforceable to the extent compatible with applicable law.

     The undersigned acknowledges that DM19INC’s or 4618 Glacier Ridge LLC legal remedies for a breach of this provision shall be inadequate and that in addition to all other remedies available to it at law or in equity, DM19INC or 4618 Glacier Ridge LLC shall be entitled to obtain injunctive relief to enforce this provision.  He or she also authorizes DM19INC to provide a copy of this Agreement to any future employer of the undersigned so that such employer shall be aware of the undersigned’s obligations hereunder.

The undersigned further agrees that he/she has reviewed and understands the DM19INC’s or 4618 Glacier Ridge LLC Coach’s Code of Conduct, attached hereto, and agrees to strictly adhere to the standards set forth therein.

In the event of any dispute arising under this Agreement, it is agreed that the law of New York State shall govern the interpretation, validity and effect of this Agreement. 

Addendum A

Job Descriptions for Dead Zone and Snow Tubing

All jobs listed below report to the Dead Zone Manager, Snow Tubing Manager or any other Glacier Ridge Sports Park full time staff member.

All jobs require you to download and create an account on 2 different apps. One app is called GroupMe and the other one is called Zello (zombies do not need to download this app unless told otherwise).

Dead Zone Jobs

Zombies/Actors

  • This is the most important role for our Dead Zone since you are the characters that will make the experience as real as possible for the customers.
  • Dress up as a zombie wearing as much protection as possible. We will provide super suits and other protection equipment. Feel free to bring any other pads or forms of protection.
  • Must be willing to get shot at with paintballs so previous paintball experience is a plus but not necessary.
  • Playing dead after being shot at multiple times with paintballs. We do not want our actors to get hit once and “die” immediately.
  • Must be able to work with little to no supervision.
  • Must be able to work in any weather condition such as cold or hot temperatures, rain, snow, or strong winds.
  • Help set up the dead zones such as bringing water coolers to each of the zones, bringing out the correct rubbermaid to its proper zone, cleaning up any garbage before and after the night, and making sure all the props are in their proper location before the first wagon heads out.
  • Wear anything you don’t mind getting dirty or wet and that is comfortable. Dress appropriately for any weather condition. We will provide all zombie costumes but feel free to bring your own costume if you want.

Paintball Assistant

  • This job gets the paintballs and paintball guns ready before and after each wagon ride during the night. You will also make sure any VIPs get their extra 100 paintballs when they load onto the wagon.
  • Previous paintball experience is a plus but not necessary.
  • Fill bags with 100 extra paintballs for VIPs before the rides begin
  • Fill all paintball guns with 150 paintballs before every wagon ride.
  • Make sure all guns are working properly before each wagon ride.
  • If a gun is not working properly attempt to fix it before the next ride otherwise let the manager know so they can fix it or replace it.
  • Collect tickets from all customers when they load onto the wagon and make sure they are either GA or VIPs. Give VIPs their extra bag so they can refill their guns during the ride.
  • At the end of the night clean out all paintball guns so they are ready to go for the next night.
  • Help set up the dead zones such as bringing water coolers to each of the zones, bringing out the correct rubbermaid to its proper zone, cleaning up any garbage before and after the night, and making sure all the props are in their proper location before the first wagon heads out.
  • Help dress zombies at the beginning of the night and help undress them at the end of the night.

Sergeant/Actor

  • This job is the “leader” of the wagon heading into the dead zones. This job is the face of the entire experience as you are the one on the wagon with customers and interacting with them as if they are your soldiers.
  • Must be able to communicate with a variety of people and provide customer service if there are any upset customers.
  • Help refill paintball guns with paintballs.
  • If a paintball gun malfunctions while out in the zones you are responsible for fixing it on the spot or finding the customer another open gun for their usage. Please let the paintball assistants know about any broken guns at the end of the ride. If the gun cannot be fixed or there are no more empty seats please let the manager know so they can offer either a refund or free tickets for another night.
  • Help clean out all paintball guns at the end of the night.
  • Must be able to work in any weather condition such as cold or hot temperatures, rain, snow, or strong winds.
  • Help set up the dead zones such as bringing water coolers to each of the zones, bringing out the correct rubbermaid to its proper zone, cleaning up any garbage before and after the night, and making sure all the props are in their proper location before the first wagon heads out.
  • Help dress zombies at the beginning of the night and help undress them at the end of the night.

Customer Service Assistant

  • This job works behind the counter with the manager and helps them out with the following details.
  • Write up tickets for the night.
  • Take payments for tickets and process them in our system.
  • Make sure all customers fill out waivers before they begin their ride.
  • Call any customers 30 minutes prior to their outing to make sure they are still coming to their ride if they have not yet showed up.
  • Answer the phone.
  • Answer any questions about the Dead Zone.
  • Keep a cool head with any upset or angry customers. If the customer is not listening please let the manager know so they can handle the situation.
  • Direct people on where they need to go for their ride and make sure the staff member doing the orientation knows how many people are going to be on each ride or if anyone did not show up for their ride.
  • Must bring in their own laptop.
  • Help set up the dead zones such as bringing water coolers to each of the zones, bringing out the correct rubbermaid to its proper zone, cleaning up any garbage before and after the night, and making sure all the props are in their proper location before the first wagon heads out.
  • Help dress the zombies at the beginning of the night and help undress them at the end of the night.
  • Check in and out zombies/actors as they come in to work and leave from work so we know all employees are accounted for.
  • If any zombies do not show up for work let the manager know so they can find someone to come in and work.
  • Help fill any rubbermaids/VIP bags with paintballs when there are no customers so the paintball assistants can have full rubbermaids ready to go for the wagons.
  • Help set up the dead zones such as bringing water coolers to each of the zones, bringing out the correct rubbermaid to its proper zone, cleaning up any garbage before and after the night, and making sure all the props are in their proper location before the first wagon heads out.

Snow Tubing Jobs

Snow Tubing Assistant (Hill Workers)

  • This job will focus on all outdoor aspects of the job on the snow tubing hill.
  • Sending people down the hill on their snow tubes while at the top of the hill.
  • Directing traffic at the bottom of the hill by telling people to get off the lanes once their tube has come to a complete stop and letting the people up top know when they can send people down the hill.
  • Tube down the hill before customers arrive to make sure the lanes are good to go and if people can make it to the bottom of the hill without stopping.
  • Fix lanes if needed by shoveling snow, spraying water or by continuing to tube down them to smooth them out.
  • Shovel the lift and steps if needed after a snowfall.
  • Unlock the container and take tubes out for customers to grab and go.
  • Clean up any garbage before, during and after your shift.
  • Put tubes back into the container during and after your shift and lock the container once all tubes are put away.
  • Interact with customers and make sure they are having a fun experience.
  • Must be able to work in any weather condition such as cold or hot temperatures, rain, snow, or strong winds.
  • Dress accordingly to stay warm and dry during your shift. It is better to overdress than underdress as you can take off layers while you work.
  • Put all tools back into the shed at the end of the night.
  • If slow day come inside the dome and help with any cleaning that needs to be done such as vacuuming, taking out garbage, mopping, cleaning windows, cleaning tables, and/or cleaning chairs.

Lift Operator

  • Must be at least 18 years old to apply for this job position.
  • This job is the outside supervisor of the hill workers so you will be the main contact between the manager inside the dome and the employees on the hill.
  • Get lift key from manager at the beginning of your shift and hand it back in at the end of the night.
  • Turn the lift on at the beginning of the shift and turn it off at the end of the night. The manager will explain to you how to do that on your first day or during training.
  • Test all emergency stop buttons and kick plate at the beginning of your shift.
  • Check the lift pressure at the beginning of the shift and if needed during your shift. The manager will let you know upon your arrival.
  • Fill out Pre-Op sheet located in the shed before every shift.
  • Keep an eye on the lift and make sure the customers are standing on the lift and not sitting on it or in their tubes. If someone falls press the stop button immediately and check on the customer and make sure they are alright.
  • Tube down the hill before customers arrive to make sure the lanes are good to go and if people can make it to the bottom of the hill without stopping.
  • Fix lanes if needed by shoveling snow, spraying water or by continuing to tube down them to smooth them out.
  • Shovel the lift and steps if needed after a snowfall.
  • Unlock the container and take tubes out for customers to grab and go.
  • Clean up any garbage before, during and after your shift.
  • Put tubes back into the container during and after your shift and lock the container once all tubes are put away.
  • Interact with customers and make sure they are having a fun experience.
  • Must be able to work in any weather condition such as cold or hot temperatures, rain, snow, or strong winds.
  • Dress accordingly to stay warm and dry during your shift. It is better to overdress than underdress as you can take off layers while you work.
  • Put all tools back into the shed at the end of the night.

Customer Service Assistant

  • This job works behind the counter with the manager and helps them out with the following details.
  • Print out tickets for snow tubing.
  • Put tickets on the customers.
  • Take payments for tickets and process them in our system.
  • Make sure all customers fill out waivers before they begin snow tubing.
  • Answer the phone.
  • Answer any questions about the Glacier Ridge Snow Tubing.
  • Keep a cool head with any upset or angry customers. If the customer is not listening please let the manager know so they can handle the situation.
  • Direct people on where they need to go for snow tubing
  • Must bring in their own laptop.
  • If slow day help with any cleaning that needs to be done such as vacuuming, taking out garbage, mopping, cleaning windows, cleaning tables, and/or cleaning chairs.
  • Must be able to work alone if needed if the manager needs to go outside.
  • If needed might have to help out in the cafe in regards to working the PayPal system and taking orders from customers. You do not need to cook any of the food just take orders and relay them to the cafe worker.

ADDENDUM “B” COMPENSATION

 

Salary Compensation: ($10.40 per hour)

Glacier Ridge will follow the laws of New York State Minimum Wage Requirements.

To learn more about each of our facilities, events and family activities, check out the various sections and pages on our site. For more detailed information or rates on facility rental for your party or large group, get in touch with our staff at 585-352-5300.

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