Indigo Road Hospitality

STOKES WAGNER, ALC COLLABORATION PROPOSAL prepared for THE INDIGO ROAD HOSPITALITY GROUP September 2022 1

We think about the trees but never forget the forest.

STOKES WAGNER & INDIGO ROAD HOSPITALITY It's Our Turn to Listen Indigo Road Hospitality didn’t get to where it is today by sitting back. Your desire for deeper, more meaningful guest engagement speaks directly to our passion for crafting p roactive, creative, and intelligent legal solutions for you. Stokes Wagner is focused on understanding the specific needs of Indigo Road Hospitality and what ideal solutions look like. We listen to your needs and put this knowledge to use through constant collaboration, rejecting the view that practicing law is a solitary experience. Our belief in team effort b rings v alue; e ngaging o ur firm means you engage the wisdom of all our resources. You will know what all of us know. Stokes Wagner would like the opportunity to partner with Indigo Road Hospitality to provide advice on preventative employment counseling and employment litigation defense. 3

WHY STOKES WAGNER FOR EMPLOYMENT COUNSELING & LITIGATION? Because Stokes Wagner is fluent in hospitality. Most lawyers do not know the difference between a tip pool and a tip credit. Most lawyers also can’t tell you the difference between a service charge and gratuity, let alone explain why the distinction is important. Have questions about the new 80/20 rule and how to avoid violating it? Chances are your average employment lawyer will “have to get back to you on that.” We know hospitality because we are hospitality. On purpose, a significant majority of our team’s professional roots were planted in the hospitality industry. • Founder Arch Stokes began working in hospitality at the ripe old age of 14, washing 4

dishes and bussing tables at The Pancake House in Atlanta, Georgia. Arch later worked as a banquet server and front desk agent at various hotels before joining the Marine Corps. • CEO Hayden Pace worked as a banquet server during college and law school. •Shareholder Ashley Nunneker worked her way through college and law school as a bartender and server. •General Counsel John Hunt worked the front desk of the Boston Park Plaza Hotel in Boston. •COO Diana Lerma worked as a pizza cook in Los Angeles. Our organic boots-on-the- ground hospitality experience gives Stokes Wagner insight into Indigo Road Hospitality's guest-facing employees that most lawyers simply cannot relate to. 5

WHAT'S ON THE MENU? Whether you find yourself entangled in a legal issue or trying to prevent one, we understand that our presence is usually the first step toward a solution. It enables us to see your needs in context and better understand the variables, your culture, and your goals. By understanding the big picture, we partner with you to collaboratively find the best solution. 6

LITIGATION PREVENTION While our primary job is to prevent problems before they happen, we are well equipped to resolve disputes when they occur. We not only vigorously defend and advocate for you in and out of court, but also provide preventative services such as: ♦ Handbook drafting and updates; ♦ Non-compete drafting, defense, and enforcement; ♦ Non-disclosure and confidentiality agreements; ♦ Guidance regarding vendor relationships and contracts; ♦ FLSA exemption counseling and advice; ♦ Wage & hour compliance counseling ♦ Lawdit®; ♦ Workplace Harassment; ♦ WARN Act compliance; ♦ Human Resources Counseling; ♦ Trainings. AGENCY RESPONSES, ACTIONS & AUDITS Whether it is an unannounced on site audit by state agencies, a charge filed with the EEOC, or an inquiry by any other state or federal agency, we are there to help. We will partner with you to accomplish the following: ♦ Be your conduit with government agencies; ♦ Responses to Agency Charges; ♦ Defense against Agency Actions; ♦ Counseling and compliance efforts for audits and investigations. 7

LITIGATION We have your back should you ever find yourself in a dispute that has devolved into litigation. We have the skill, experience and drive to achieve the results you desire and we stand ready to defend Indigo Road Hospitality in the following types of disputes: ♦ Wage & Hour Compliance; ♦ Misclassification; ♦ Collective and Class Actions; ♦ Workplace Harassment; ♦ Retaliation; ♦ Business Disputes; ♦ Franchise Disputes; ♦ Discrimination Claims. Our mission is to provide effective and responsive services to reduce your exposure to legal problems and associated costs, no matter what legal challenges you may face, actual or prospective. We provide legal advice tailored to you. 8

Boutique Firm, Big Footprint We are boots-on-the ground—wherever you are. We have tried cases and handled legal matters in every U.S. state and seven foreign countries. 9

STOKES WAGNER'S RECENT WINS hWoemheatreuntos rbercaegn,tblyu.t we've hit a few SBE ENTERTAINMENT D/B/A THE DELANO HOTEL Stokes Wagner successfully compelled the arbitration of a high-stakes, twenty-plaintiff discrimination case in Miami, Florida. The motion was fervently fought by plaintiffs’ counsel and required six months of arbitration-related discovery. Following the court’s order, the case was quickly and favorably resolved. 10

COMPLETE ARBITRATION WIN FOR HOSPITALITY EXECUTIVE Stokes Wagner obtained a complete arbitration victory for the former executive of a luxury hotel company. After defeating the employer’s summary judgment motion, the arbitrator determined, following the final hearing, that the employer’s failure to consider the executive for other positions for which she was qualified constituted unlawful retaliation, resulting in a significant damages award for our client and attorney’s fees. 11

BREACH OF CONTRACT AFFIRMED Stokes Wagner defended a hotel against a breach of contract claim by an employee executive who was terminated for cause after engaging in heavy drinking at a work event. Summary judgment was granted in favor of the hotel and the employee appealed. The court of appeals affirmed the hotel’s win. COVID-19 and the WARN ACT In the middle of one of the most unprecedented periods in our lifetimes, Stokes Wagner assisted more than 100 employers in their successful compliance with the Worker Adjustment and Retraining Notification Act of 1988 as a result of COVID-19. 12

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CONFIDENTIAL ARBITRATION FOR INTERNATIONAL HOSPITALITY COMPANY Stokes Wagner secured a rare arbitration summary judgment win in an employment contract dispute. The court agreed with the employer's decision to terminate an employee following an investigation into excessive drinking and inappropriate behavior with subordinates. SUCCESSFUL REPRESENTATION OF A LARGE RESORT OPERATOR AGAINST CLAIMS OF DISCRIMINATION AND HARASSMENT The claim against the operator was based on the newly enacted CROWN Act (Create a Respectful and Open World For Natural Hair). Claimant was a busser in our client’s fine dining restaurant. He had long dreadlocks and was repeatedly told to put his hair up to comply with resort grooming standards and governing health regulations. He claims he was targeted based on his hairstyle. California was the first state to enact this type of legislation, doing it in July of 2019. His claim came within months of that enactment. Given the novelty of the legislation, there were no cases interpreting or applying the act, which presented interesting challenges. Nevertheless, the arbitration award was 100% in the resort’s favor. 14

RATES & INSURERS Stokes Wagner strives to stay competitive in all markets while providing white-glove service. We will evaluate all aspects of each matter and provide a budget for hourly work. In addition to the traditional hourly billing method, overused by so many of our competitors, we offer a variety of creative billing solutions - monthly retainers, FlatMax fees, flat rates, and fee caps. We are confident we can achieve your goals on-budget. For matters not covered by EPL insurance, our discounted rates for monthly retainer clients are as follows: Shareholders $450-$600 / Hour Associates $325-$375 / Hour Paralegals $155 / Hour Stokes Wagner has had the privilege of working with or serving as panel counsel for the following insurance carriers: ♦ ACE Limited ♦ American International Group, Inc. ♦ Beazley Group ♦ Chubb ♦ Hiscox Insurance Company ♦ Liberty Mutual ♦ Markel Specialty ♦ Reliance General Insurance ♦ The Travelers Companies ♦ XL America, Inc. ♦ Willis Insurance Agency, Inc. 15

STOKES WAGNER'S 10 Guiding Principles ♦ We apply ethos, pathos, and logos. ♦ We love complex and daunting challenges. ♦ We think about the trees but never forget the forest. ♦ We believe in the legal system and trust in our skills and experience. ♦ We emphasize responsiveness. ♦ We embrace pragmatism and speak plainly. ♦ We are passionate about culture. ♦ We inspire resolutions and earn long relationships. ♦ We measure our success by the results we achieve for you. ♦ We support entrepreneurship. 16

ATLANTA PITTSBURGH One Atlantic Center, Suite 2615 858 Kennebec St 1201 W. Peachtree Street, NW Pittsburgh, PA 15217 Atlanta, GA 30309 412.521.6691 404.766.0076 SAN DIEGO ITHACA 600 West Broadway 903 Hanshaw Road Suite 910 Ithaca, NY 14850 San Diego, CA 92101 607.257.5165 619.232.4261 LOS ANGELES SAN FRANCISCO 15250 Ventura Blvd 1 Harbor Drive, Suite 211 Sherman Oaks, Suite 710 Sausalito, CA 94965 Los Angeles, CA 90013 415.943.9471 213.618.4128 17

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