CONFIDENTIAL SETTLEMENT AGREEMENT AND RELEASE

1. This Confidential Settlement Agreement and Release ("Agreement" covers all

understandings between CHELSEE RAYNSFORD ("RAYNSFORD") (hereinafter referred to as

"Plaintiff," a term which includes Plaintiffs successors, assigns, beneficiaries, personal

representatives, and heirs) and BREEZY BUDDHA CAFE, LLC, SIU S. TONG and CINDY M.

SHI, (hereinafter collectively referred to as "Defendants," a term which includes each and every

officer, director, employee, agent, parent corporation or subsidiary, affiliate or division, their

successors, assigns, beneficiaries, servants, legal representatives, insurers and heirs).

2. For and in consideration of the promises outlined in Paragraph 3 of this Agreement,

Plaintiffs agrees as follows:

A. To settle any and all claims and actions of any nature whatsoever between Plaintiff

and Defendants and release and forever discharge Defendants of and from all and

any manner of actions, causes of actions, suits, rights to attorney fees, debts, claims

and demands whatsoever in law or equity by reason of any matter, cause or thing

whatsoever, and particularly, but without limitation of the foregoing general terms,

by reason of any claims or actions arising from Plaintiffs employment with

Defendants, or related to the transactions or matters which are the subject matter of

the lawsuit Case No. 4:20-cv-10075-JLK, pending in the United States District

Court for the Southern District of Florida (the "Action"), including without

limitation any claims arising from any alleged violation of any and all federal, state,

or local laws, including the Employee Retirement Income Security Act of 1974, the

Civil Rights Acts of 1866, 1871, 1964, and 1991, the Rehabilitation Act of 1973,

the Fair Labor Standards Act, the Equal Pay Act of 1963, the Vietnam Era

Veterans' Readjustment Assistance Act of 1974, the Occupational Safety and

Health Act, the Immigration Reform and Control Act of 1986, the Americans with

Disabilities Act, the Age Discrimination in Employment Act of 1967, the Older

Workers' Benefit Protection Act, and the Florida Civil Rights Act. This is not a

complete list, and Plaintiff waives and releases all similar rights and claims under

all other federal, state and local discrimination provisions and all other statutory

and common law causes of action relating in any way to Plaintiffs employment or

separation from employment with Defendants, or otherwise, and whether such

claims are now known or unknown to Plaintiff, from the beginning of the world to

the effective date of this Agreement, except that this release does not compromise,

waive, or prejudice any claims for re-employment assistance, a/k/a unemployment,

benefits consistent with Florida Statutes §443.041(1), or any claims arising from

work-place injuries, including but not limited to claims for worker's compensation

benefits or worker's compensation relief consistent with Florida Statutes §440.21.

B. This settlement does not constitute an admission by any party of any violation of

any federal, state, or local statute or regulation, or any violation of any of party's

rights or of any duty owed by one party to the other.

Case 4:20-cv-10075-JLK Document 11-1 Entered on FLSD Docket 08/26/2020 Page 1 of 7
C. Plaintiff acknowledges that she has no unknown or unreported workplace injuries

from her employment with Defendants.

D. Plaintiff affirms that she has not filed, caused to be filed, or presently is a party to

any claim, complaint, or action against Defendants in any forum or form, other than

the Action.

E. Plaintiff waives any right to future employment with Defendants and agrees that

she shall not knowingly apply for employment with Defendants in the future.

F. Plaintiff agrees that, with the exception of the withholdings to be made by

Defendants made under Paragraph 3(A)(1)(a) below which shall be remitted by

Defendants to the government, Plaintiff shall be solely responsible for the payment

of any taxes on the payments being made by Defendants under this Agreement. In

this regard Plaintiff understands that Defendants will issue IRS Form(s) 1099 in

connection with the other payments under this Agreement and Plaintiff agrees to

hold Defendants harmless from any tax assessments or other penalties in connection

with those non-wage payments. The Parties acknowledge that nothing herein shall

constitute tax advice to the other party.

G. Plaintiff shall not disclose the terms of this Agreement to anyone except to

Plaintiffs spouses, attorneys, tax advisors, or as compelled by force of law. In the

event Plaintiff is compelled by force of law to disclose the contents of this

Agreement, Plaintiff agrees that notice of receipt of the judicial order or subpoena

shall be promptly communicated to Defendants' Counsel, Jacob K. Auerbach,

Esquire, telephonically at (954) 894-3035, and confirmed thereafter in writing via

e-mail to iauerbach@,aallup-law.com. so that Defendants will have the opportunity

to assert what rights they may have in non-disclosure prior to any response to the

order or subpoena. If Plaintiff is asked about this case by any third parties, they will

respond by only saying that the case was amicably resolved.

3. For and in consideration for the promises made by Plaintiff in Paragraph 2 of this

Agreement, Defendants agree as follows:

A. In exchange for the consideration from Plaintiff as set forth in this Agreement,

Defendants agree to pay $5,000.00 to Plaintiff as follows:

(1) Within five (5) days of the dismissal of the Action, Defendants shall deliver to

Plaintiffs Counsel:

(a) one check made payable to Plaintiff in the amount of $1,250.00, less

withholdings, as consideration for alleged unpaid wages (Defendant will

issue a W-2 to Plaintiff for this amount);

Case 4:20-cv-10075-JLK Document 11-1 Entered on FLSD Docket 08/26/2020 Page 2 of 7
(b) one check made payable to Plaintiff in the amount of $1,250.00, with no

withholdings taken from the gross amount of the check, as consideration for

alleged liquidated damages (Defendant will issue Plaintiff a 1099 for this

amount);

(c) one check made payable to Todd W. Shulby, P.A. in the amount of

$2,500.00, as consideration for Plaintiffs attorneys' fees and costs.

B. In exchange for the consideration in this Agreement from Plaintiff, Defendants

release Plaintiff from any and all claims, charges, actions and causes of action of

any kind or nature that Defendants once had or now have, whether arising out of

Plaintiffs employment or otherwise, and whether such claims are now known or

unknown to Defendants from the beginning of the world to the effective date of this

Agreement.

C. Defendants shall not disclose to any third parties: (i) the terms of this Agreement;

or (ii) that Plaintiff filed any claims against Defendants. If Defendants are

contacted by or communicate with any third parties about Plaintiff, Defendants

agree they will confirm only the dates during which Plaintiff performed work for

Defendants, the job/position Plaintiff held with Defendants, and if asked, the

compensation paid to Plaintiff. In the event Defendants are compelled by force of

law to disclose the existence or terms of this Agreement, Defendants agree that

notice of receipt of any judicial order, subpoena, or governmental investigation

shall be communicated to counsel for Plaintiff, Todd W. Shulby, Esq. with Todd

W. Shulby P.A.

4. In the event that Plaintiff or Defendants commence(s) an action for damages,

injunctive relief, or to enforce the provisions of the Agreement, the prevailing party in any such

action shall be entitled to an award of reasonable attorneys' fees and all costs including appellate

fees and costs, incurred in connection therewith as determined by the court in any such action.

5. Plaintiff and Defendants agree that this Settlement Agreement is entered into

knowingly and voluntarily, after having the opportunity to fully discuss it with an attorney. Having

had the opportunity to obtain the advice of legal counsel to review, comment upon, and redraft the

agreement, the parties agree that the Agreement shall be construed as if the parties jointly prepared

it so that any uncertainty or ambiguity shall not be interpreted against any one party and in favor

of the other.

7. This Agreement supersedes any and all prior agreements between the parties. No

cancellation, modification, amendment, deletion, addition, or other changes in this Agreement

shall be effective for any purpose unless specifically set forth in a subsequent written agreement

signed by Plaintiff and Defendants.

Case 4:20-cv-10075-JLK Document 11-1 Entered on FLSD Docket 08/26/2020 Page 3 of 7
8. This Agreement is executed in multiple counterparts, each of which shall be

deemed an original, but all of which together shall constitute one instrument. Electronic and

facsimile signatures shall be deemed effective as original signatures.

9. Should any provision of this Agreement be declared or determined by any court of

competent jurisdiction to be illegal or invalid, the validity of the remaining parts, tenns or

provisions shall not be affected thereby and said illegal or invalid pan, term or provision shall be

deemed not to be a part of the Agreement and all other valid provisions shall survive and continue

to bind the parties.

10. The law governing this Agreement shall be that of the United States and the State

of Florida.

DATE Qiyis:> Signature:

CHELSEERAYNSFO

DATE:^^^ Signature ton 24,30301l:iaEDT)

BREEZY BUDDHA CAFE, LLC

DATE: Signature: shck 1011^^24.2020ii:iaedt)

DATE: Signature:

sru S. TONG

CINDY M. SHI

Case 4:20-cv-10075-JLK Document 11-1 Entered on FLSD Docket 08/26/2020 Page 4 of 7
8. This Agieement is executed in multiple counterparts, each of which shall be

deemed an original, but all of which together shall constitute one instrument. Electronic and

facsimile signatures shall be deemed effective as original signatures.

9. Should any provision of this Agreement be declared or determined by any court of

competent jurisdiction to be illegal or invalid, the validity of the remaining parts, tenns or

provisions shall not be affected thereby and said illegal or invalid part, term or provision shall be

deemed not to be a part of the Agreement and all other valid provisions shall survive and continue

to bind the parties.

10. The law governing this Agreement shall be that of the United States and the State

ofFlorida.

DATE: Signature:

CHELSEE RAYNSFO

DATE: Signature ■ 

BREEZY BUDDHA CAFE, LLC

DATEl Signature .

srus. TONG

DATE:Au|^4^2020^ Signature • Cindy slii (Aug 24, 2020 10:35 EOT)

CTNDY M. SHI

Case 4:20-cv-10075-JLK Document 11-1 Entered on FLSD Docket 08/26/2020 Page 5 of 7
(Raynesford) Settlement Agreement

Final Audit Report 2020-08-24

Created; 2020-08-24

By: Mary Escobar (mescobar@gallup-law.com)

Status; Signed

Transaction ID; CBJCHBCAABAApAxDF0QYiLcXmG8c80FMRSKVYHTftjxR

"(Raynesford) Settlement Agreement" History

Q Document created by Mary Escobar (mescobar@gallup-law.com)

2020-08-24- 3;16;50 PM GMT- IP address: 64.40.129.118

^ Document emailed to Shek tong (tongshek2016@gmail.com) for signature

2020-08-24 - 3;17;26 PM GMT

■Q Email viewed by Shek tong (tongshek2016@gmail.com)

2020-08-24 - 3;18;09 PM GMT- IP address: 66.102.8.109

^ Document e-signed by Shek tong (tongshek2016@gmail.com)

Signature Date; 2020-08-24 - 3;18;44 PM GMT -Time Source: server- IP address; 174.228.31.69

O Signed document emailed to Mary Escobar (mescobar@gallup-law.com) and Shek tong

(tongshek2016@gmail.com)

2020-08-24 -3:18;44 PM GMT

Adobe Sign

Case 4:20-cv-10075-JLK Document 11-1 Entered on FLSD Docket 08/26/2020 Page 6 of 7
RAYNSFORD & Breezy Buddha

(Settlement Agreement)

Final Audit Report 2020-08-24

Created: 2020-08-21

By: Mary Escobar (mescabar@gallup-law.com)

Status: Signed

Transaction ID: CBJCHBCAABAA4cnptZJWM6FeLlv9P6t4WUwxjl7BeXF

"RAYNSFORD &: Breezy Buddha (Settlement Agreement)"

History

Q Document created by Mary Escobar (mescobar@gallup-law.com)

2020-08-21 - 3:52:25 PM GMT- IP address: 64.40.129.118

1^ Document emailed to Cindy shi (tongshek2016@gmail.com) for signature

2020-08-21 - 3:53:13 PM GMT

Email viewed by Cindy shi (tongshek2016@gmail.com)

2020-08-22 - 2:59:24 AM GMT- IP address: 66.102.8.113

^ Document e-signed by Cindy shi (tongshek2016@gmail.com)

Signature Date: 2020-08-24-2:35:46 PM GMT - Time Source: server- IP address: 174.228.31.69

O Signed document emailed to Mary Escobar (mescobar@gallup-law.com), Cindy shi (tongshek2016@gmail.com)

and Jacob Auerbach Gauerbach@gallup-law.com)

2020-08-24 - 2:35:46 PM GMT

Adobe Sign

Case 4:20-cv-10075-JLK Document 11-1 Entered on FLSD Docket 08/26/2020 Page 7 of 7