EXHIBIT 10.01
8800
Enchanted Way SE Turner, Oregon 97392
Telephone
(503) 588-9463 Toll Free (800) 344-9463 Facsimile (503)
362-0062
www.wvv.com
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Employment Agreement – John Ferry
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Date: 9/11/2019
Title: Chief Financial
Officer.
Reporting To: CEO.
Job Description:
Attached
Classification: Regular
Full-Time
FLSA Designation: Salaried
exempt.
Compensation:
Annual salary of $140,000.
Normal company pay periods are on the 10th
and 25th
of each month.
Incentive pool:
For
the first year of employment, an incentive of up to $15,000 will be
available. Terms to be mutually agreed upon with CEO within 90 days
of employment.
Benefits:
The
current, standard company health, life, worker’s comp, and
dental insurance coverage are offered per company policy and
current plans. Eligibility for other benefits, including the 401(k)
and tuition reimbursement, will generally take place per company
policy after one year. The employee contributions to payment of
benefit plans are determined annually.
Paid Vacation Time:
Employee
will start with, and continue earning, 4 weeks of paid vacation per
year (typically the maximum earned after 10 years of employment per
the Employee Handbook).
Start Date: September 16,
2019
Non-Compete and Confidentiality:
So long
as the Company employs the Employee, the Employee will not perform
services for or own an interest in any business that competes with
the Company (except as negotiated between Employee and Employer in
writing, and attached as an addendum prior to hire date). At
termination of employment, for any reason, Employee shall not
perform services for any wine distributor, wine supplier, or any
Oregon wine producer for the period of eighteen (18)
months.
Employee shall not
use or disclose any Company confidential information either during
or after their employment with the Company.
Confidential
information includes, but is not limited to: sales prospects lists,
trade secrets, economic and asset data, sales and marketing data,
production data, customer and supplier relationships and personnel
information of the Company, disclosed or known by the Employee in
the course of their employment with the Company, not generally
known outside of the Company, and related to the actual or
anticipated business of the Company.
Employee
acknowledges that the Company shall own all confidential
information, inventions, and other writings; marks or processes
related to Employer’s business that Employee creates or
develops during their employment with the Company. Employee shall
immediately notify the Company if they create, develop or discover
any item that, under the terms of this clause, belongs to the
Company and The Employee will cooperate in the Company’s
efforts to secure its rights in any such item.
Intellectual Property:
In
addition, I acknowledge that all intellectual property including
images and electronic data used or created for the Company is and
remains the sole property of the Company and cannot be used in any
fashion outside of the Company without the written expressed
permission of the CEO of the Company.
No Poaching:
No
attempt to hire, recruit or otherwise engage current WVV employees
will be made the Employee during or after their work with the
Company without written expressed permission of the CEO of the
Company.
Use of Employee’s Name, Picture and Professional Background
Information:
Employee agrees to
allow the Company to use their name, photograph, and professional
history in its advertising, sales, and informational material
without any further compensation or remuneration other than as
provided in this Agreement, including the use of such advertising,
sales and informational material after Employee’s employment
with the Company terminates so long as the advertising, sales or
informational material was originally produced before
Employee’s termination and is not used in a manner intended
to deceive actual or potential customers, suppliers or investors of
the Company.
The
Company, without further compensation or remuneration to Employee,
may use items created or copyrighted by Employee prior to his
employment by the Company, but such use by the Company shall not
affect Employee’s continuing ownership of the
items.
Termination:
Your
employment at Willamette Valley Vineyards is at-will and either
party can terminate the relationship at any time with or without
cause and with or without notice for any reason other than those
prohibited by law.
You acknowledge that this Employment Agreement, (along with all
referenced documents provided to date), represents the entire
agreement between you and Willamette Valley Vineyards and that no
verbal or written agreements, promises or representations that are
not specifically stated in this agreement, are or will be binding
upon Willamette Valley Vineyards.
Signatures:
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/s/ JAMES W. BERNAU
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James W. Bernau, President & CEO, Willamette Valley
Vineyards
/S/
JOHN FERRY
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Date
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John Ferry
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Date
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