Employee Disclaimer and Acknowledgment

Bosanek and Flores

EMPLOYEE DISCLAIMER AND ACKNOWLEDGMENT

I acknowledge that I have received a copy of Coldwell Banker Commercial, Bosanek and Flores Company Policy Manual on the date shown below. I understand that this Policy Manual is a general guide and does not constitute a contract or agreement of employment nor does this Company Policy Manual constitute a guarantee of continued employment or continued relationship as an employee. I understand that I have the absolute right to separate from my employment with Coldwell Banker Commercial, Bosanek and Flores at will and at any time, and that Coldwell Banker Commercial, Bosanek and Flores likewise has the absolute right to terminate my employment or my relationship as an employee at will and at any time. I further understand that Coldwell Banker Commercial, Bosanek and Flores reserves the right to change any provision or terminate any policies, procedures or benefit programs at any time and/or increase contributions toward the benefit programs noted in this manual at any time and for any reason. This policy manual is the property of Coldwell Banker Commercial, Bosanek and Flores and must be returned upon my termination.

INDEPENDENT CONTRACTOR DISCLAIMER AND ACKNOWLEDGMENT

I acknowledge that I have received a copy of the Coldwell Banker Commercial, Bosanek and Flores Company Policy Manual on the date shown below. I understand that I am an Independent Contractor and not an employee of Coldwell Banker Commercial, Bosanek and Flores as defined by the Internal Revenue Service. I understand that as an Independent Contractor I retain absolute discretion and judgment in the way I carry out listing and selling activities, but I agree to carry out those activities in compliance with State law, rules and regulations, and in accordance with this Company Policy Manual. I understand I must be a Licensed Real Estate Agent with the State of California and must maintain my License. I understand that I have the absolute right to terminate my relationship as an Independent Contractor at will and at any time with Coldwell Banker Commercial, Bosanek and Flores, and that Coldwell Banker Commercial, Bosanek and Flores likewise has the absolute right to terminate my relationship as an Independent Contractor at will and at any time. I further understand that Coldwell Banker Commercial, Bosanek and Flores reserves the right to change any provision or terminate any policy or procedure noted in this manual at any time and for any reason. This policy manual is the property of Coldwell Banker Commercial, Bosanek and Flores and must be returned upon my termination.

Employee SignatureIndependent Contractor Signature

Employee Name (please print)Independent Contractor Name (please print)

DateDate

TABLE OF CONTENTS

DISCLAIMER AND ACKNOWLEDGEMENT / 1
GENERAL POLICIES
Introductory Statement / 5
Right to Revise / 5
At-Will Employment Status / 5
Names and Addresses / 6
Personnel Records / 6
Performance Evaluations / 6
Holidays / 6
Worker’s Compensation / 7
Worker’s Compensation and FMLA/CFRA / 7
Public Image / 8
Customer Relations / 8
Conflicts of Interest / 8
Conducting Personal Business / 9
Off-Duty Conduct / 9
Personal Appearance / 9
Dress Code / 8
Confidentiality / 10
Standards of Conduct and Discipline / 10
Open Door / 11
Equal Employment Opportunity / 11
Harassment / 12
Security/Workplace Violence / 13
Insurance on Personal Effects / 13
News Media Contacts / 13
Internet/Email Services / 13
Supplies; Expenditures; Obligating the Company / 14
Employer Property / 14
Use of Electronic Media / 14
Bulletin Boards / 15
Employee Property / 16
Smoking / 16
Alcohol and Drug Abuse / 16
Prohibited Conduct / 17
Telecommuting / 18
Health & Safety / 18
Driving / 19
Recreational Activities and Programs / 19
Voluntary Termination / 19
Involuntary Termination and Progressive Discipline / 19
Employee/Independent Contractor References / 19
SALARIED/HOURLY ADMINISTRATION
Workday / 20
Employment / 20
Full-Time Employees / 20
Temporary Employees / 20
Meal and Rest Periods / 20
Payment of Wages / 21
Overtime for Non-Exempt Employees / 21
Punctuality and Attendance / 21
Expense Accounts / 22
Ergonomics / 22
Reductions in Force / 22
Unauthorized Giving of Property Information / 22
EMPLOYEE BENEFITS
Medical Insurance / 22
Disability Insurance / 23
Unemployment Compensation / 23
Social Security / 23
Paid Sick Leave and Worker’s Compensation / 23
External Employee Education / 23
Pay for Mandatory Meetings/Training / 24
Personal Vehicle Mileage / 24
EMPLOYEE LEAVE
Bereavement Leave / 24
Domestic Violence Leave / 25
Holiday Leave / 25
Jury Duty and Witness Leave / 25
Military Leave / 25
Sick Leave / 25
Kin Care Leave / 26
Required Use of Paid Sick Leave Before Unpaid Leave / 26
Pregnancy Disability Leave / 27
School Activities / 28
Suspension / 28
Vacation / 28
Required Use of Vacation Before Unpaid Sick Leave / 29
Victims of Crime Leave / 29
Volunteer Civil Service Leave / 30
Time Off For Voting / 30
INDEPENDENT CONTRACTORS
Independent Contractor Status / 31
Affiliation Agreement; Compliance Affidavit / 31
Non-Supervision / 31
Recruitment Bonus / 31
Independent Contractors Bonuses and Commissions / 31
Company Services / 31
CREST EDG Forms / 32
Franchised Services / 33
Franchised Services Exceptions / 33
Franchised Identity Standards / 34
Personal Assistant / 34
Licensure; Board of Realtors / 34
Unfair Advantage; Ethics / 34
Do-Not-Call List / 34
Knowledge of Inventory / 35
Production Standards / 35
Competence; Education / 35
Compensation / 35
Commission Schedule / 36
Commission Sharing / 36
Independent Contractors’ Personal Property Transactions / 36
Commission/Client Dispute Resolution / 36
Errors and Omissions Insurance / 37
Action Against the Company and an Independent Contractor / 37
Suits for Commission / 37
Taxes; Unemployment Compensation / 37
Sales Meetings; Tours / 37
Incoming Calls / 38
Check-In and Check-Out / 38
Long Distance Calls / 38
Auto Insurance / 38
Vacations / 38
Termination; Company Property / 38
Payment After Termination / 39
AGENCY DISCLOSURE, ELECTION AND CONFIRMATION POLICY
History / 40
Transactions and Documents Affected / 40
Summary of Company Agency Policy “Consensual Dual Agency for In-House
Sales, Single Agency Otherwise” / 40
Single Agency Policy / 40
Fidelity to the Client / 40
POLICY IN COMMON – REAL ESTATE LISTINGS AND TRANSACTIONS
Listings; Acceptability of / 41
Listings; Terms of, Changes In, Cancellations / 41
Listings; Assignment of / 41
Seller and/or Lessor Listing / 41
Dual Agency; Content of Disclosure / 41
Sharing with Buyer and/or Lessee’s Broker / 41
In-House Transactions with Buyer and/or Lessee / 42
When the Buyer and/or Lessee is Naïve or Very Inexperienced / 42
Confirmation by Buyer and/or Lessee / 42
Cooperative Transaction with Other Brokers / 43
Confirmation and Counter-Offers / 43
Fee Sharing with Buyer and/or Lessee’s Agents / 43
Written Contract with Buyer and/or Lessee / 43
Turnaround Sales / 43
In-House Listings / 43
Earnest Money Deposits; Size; Form / 43
Earnest Money Deposits; Handling of / 44
Opening Escrow / 44
Fail of Transaction / 44
Close of Transaction / 44
SELECTIVE DUAL AGENCY POLICY
Disclosure Requirements / 45
Policy in Dual Agency Conflicts / 45

INTRODUCTORY STATEMENT

Welcome! As an employee or independent contractor of Coldwell Banker Commercial, Bosanek and Flores(the “Company”), you are an important member of a team effort. We hope that you will find your position with the Company rewarding, challenging, and productive.

Because our success depends upon the dedication of our employees and independent contractors, we are highly selective in choosing new members of our team. We look to you, other employees, and independent contractors to contribute to the success of the Company.

This policy manual is intended to explain the terms and conditions of employment of all full- and part-time employees, Independent Contractor's Agreements and Supervisors. Written employment contracts between Coldwell Banker Commercial, Bosanek and Floresand some individuals may supersede some of the provisions of this manual.

This manual summarizes the policies and practices in effect at the time of publication. This manual supersedes all previously issued handbooks and/or manuals and any policy or benefit statements or memoranda that are inconsistent with the policies described here. Your supervisor or manager will be happy to answer any questions you may have.

GENERAL POLICIES

RIGHT TO REVISE

This policy manual contains the employment policies, independent contractual agreements and practices of Coldwell Banker Commercial, Bosanek and Floresin effect at the time of publication. All previously issued handbooks and any inconsistent policy statements or memoranda are superseded.

Coldwell Banker Commercial, Bosanek and Flores reserves the right to revise, modify, delete, or add to any and all policies, procedures, work rules, or benefits stated in this manual or in any other document, except for the policy of at-will employment. However, any such changes must be in writing and must be signed by Brent Bosanek AND Daniel Flores of Coldwell Banker Commercial, Bosanek and Flores.

Any written changes to this manual will be distributed to all employees and independent contractors so that employees and independent contractors will be aware of the new policies or procedures. No oral statements or representations can in any way alter the provisions of this manual.

This manual sets forth the entire agreement between you and Coldwell Banker Commercial, Bosanek and Floresas to the duration of employment or duration of independent contractor agreement and the circumstances under which employment or said agreement may be terminated. Nothing in this policy manual or in any other personnel document, including benefit plan descriptions, creates or is intended to create a promise or representation of continued employment or independent contractor agreement for any employee or independent contractor.

AT-WILL EMPLOYMENT STATUS

Coldwell Banker Commercial, Bosanek and Florespersonnel are employed on an at-will basis. Employment at-will may be terminated with or without cause and with or without notice at any time by the employee or the Company. Nothing in this manual shall limit the right to terminate at-will employment. No manager, supervisor, independent contractor or employee of the Company has any authority to enter into an agreement for employment for any specified period of time or to make an agreement for employment on other than at-will terms. Only the Owners, Brent Bosanek and Daniel Flores of Coldwell Banker Commercial, Bosanek and Flores, have the authority to make any such agreement, which is binding only if it is in writing and signed by both owners.

NAMES AND ADDRESSES

Coldwell Banker Commercial, Bosanek and Floresis required by law to keep current all employees’ names and addresses. Employees are responsible for notifying the Company in the event of a name or address change.

PERSONNEL RECORDS

You have a right to inspect certain documents in your personnel file, as provided by law, in the presence of a Company representative at a mutually convenient time. No copies of documents in your file may be made, with the exception of documents that you have previously signed. You may add your comments to any disputed item in the file.

Coldwell Banker Commercial, Bosanek and Floreswill restrict disclosure of your personnel file to authorized individuals within the Company. Any request for information contained in personnel files must be directed to Brent Bosanek or Daniel Flores. Only Brent Bosanek and Daniel Flores are authorized to release information about current or former employees or independent contractors. Disclosure of personnel information to outside sources will be limited. However, Coldwell Banker Commercial, Bosanek and Floreswill cooperate with requests from authorized law enforcement or local, state, or federal agencies conducting official investigations and as otherwise legally required.

PERFORMANCE EVALUATIONS

Each employee and independent contractor will receive periodic performance reviews conducted by his or her supervisor. Your first performance evaluation will take place a minimum of 12 months after the 1st day of employment or within 12 months from the day your independent contractor's agreement was signed. The frequencies of performance evaluations may vary depending upon length of service, job position, past performance, changes in job duties, or recurring performance problems.

Your performance evaluations may review factors such as the quality and quantity of the work you perform, your knowledge of the job, your initiative, your work attitude, and your attitude toward others. The performance evaluations are intended to make you aware of your progress, areas for improvement, and objectives or goals for future work performance. Favorable performance evaluations do not guarantee increases in salary or promotions. Salary increases and promotions are solely within the discretion of Brent Bosanek AND Daniel Flores and depend upon many factors in addition to performance. After the review, you will be required to sign the evaluation report simply to acknowledge that it has been presented to you, that you have discussed it with your supervisor, and that you are aware of its contents.

HOLIDAYS

The Company’s office is open for business five days a week except for the following holidays: ½ day New Year’s Eve, New Year’s Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Day After Thanksgiving, ½ day Christmas Eve, and Christmas Day. If any holiday falls on Saturday, it will be observed the prior Friday or if any holiday falls on Sunday, it will be observed the following Monday. Consideration will be given those employees who desire to observe special religious services on days when the office normally is open. Administrative staff may choose between Martin Luther King Day or Presidents Day. However, Coldwell Banker Commercial, Bosanek and Floresmay close on another day or grant compensating time off instead of closing. Holiday observance will be announced in advance. However one administrative staff member must be at work to answer phones.

Each non-exempt employee’s eligibility for holiday pay begins after completion of his or her trial period. To be eligible for holiday pay, you must be regularly scheduled to work on the day on which the holiday is observed and must work your regularly scheduled working days immediately preceding and immediately following the holiday, unless an absence on either day is approved in advance by Brent Bosanek or Daniel Flores. If you are required to work on a paid scheduled holiday you will receive 1.5 times your regular pay.

WORKER’S COMPENSATION

You are protected by the Company’s workers’ compensation insurance policy while employed or in contract with Coldwell Banker Commercial,Bosanek and Flores, at no cost to you. The policy covers you in case of occupational injury or illness.

Coldwell Banker Commercial,Bosanek and Flores, in accordance with state law, provides insurance coverage for employees and independent contractor’s in case of work-related injury. The workers’ compensation benefits provided to injured employees may include:

• Medical care;

• Cash benefits, tax free, to replace lost wages; and

• Assistance to help qualified injured employees return to suitable employment.

To ensure that you receive any workers’ compensation benefits to which you may be entitled, you will need to:

• Immediately report any work-related injury to your supervisor;

• Seek medical treatment and follow-up care if required;

• Complete a written Employee’s Claim Form (DWC Form 1) and return it to Brent Bosanek or Daniel Flores; and

• Provide the Company with a certification from your health care provider regarding the need for workers’ compensation disability leave, as well as your eventual ability to return to work from the leave.

Upon submission of a medical certification that an employee or independent contractor is able to return to work after a workers’ compensation leave, the employee, or independent contractor, under most circumstances will be reinstated to his or her same position held at the time the leave began, or to an equivalent position, if available. An employee returning from a workers’ compensation leave has no greater right to reinstatement than if the employee had been continuously employed rather than on leave. For example, if the employee on workers’ compensation leave would have been laid off had he or she not gone on leave, or if the employee’s position has been eliminated or filled in order to avoid undermining the Company’s ability to operate safely and efficiently during the leave, and no equivalent or comparable positions are available, then the employee would not be entitled to reinstatement.

An employee’s return depends on his or her qualifications for any existing openings. If, after returning from a workers’ compensation disability leave, an employee is unable to perform the essential functions of his or her job because of a physical or mental disability, the Company’s obligations to the employee may include reasonable accommodation, as governed by the Americans with Disabilities Act.

The law requires Coldwell Banker Commercial, Bosanek and Floresto notify the workers’ compensation insurance company of any concerns of false or fraudulent claims.

WORKER’S COMPENSATION AND FMLA/CFRA

Employees who are ill or injured as a result of a work-related incident, and who are eligible for family and medical leave under state and federal law (Family Medical Leave Act (FMLA) and the California Family Rights Act (CFRA)), will be placed on FMLA/CFRA during the time they are disabled and not released to return to work. The leave under these laws runs concurrently, and eligible employees will be on FMLA/CFRA for a maximum of 12 weeks in a 12-month period beginning January 1st and ending in December 31st.

PUBLIC IMAGE

All persons Independent Contractors with the Company will conduct their business activities so as to enhance and promote the good will and reputation of the Company. All work areas must be kept neat and orderly. People using common areas such as lunchrooms, conference rooms and restrooms are expected to keep them sanitary. Please clean up after meals and dispose of trash properly. All customers of the Company must be treated with courtesy and respect. The Company encourages all Independent Contractors and employees to be active in and contribute to the good of the community.

CUSTOMER RELATIONS

Employees and independent contractors are expected to be polite, courteous, prompt, and attentive to every customer. When an employee encounters an uncomfortable situation that he or she does not feel capable of handling, your manager should be called immediately. Ours is a service business and all of us must remember that the customer always comes first. Our customers ultimately pay all of our wages. Remember, while the customer is not always right, the customer is never wrong.

Customers are to be treated courteously and given proper attention at all times. Never regard a customer's question or concern as an interruption or an annoyance. You must respond to inquiries from customers, whether in person or by telephone, promptly and professionally.