CONFIDENTIALITY AGREEMENT

Effective ______________, 1888 Mills, LLC, with corporate offices at 375 Airport Road, Griffin,
Georgia 30224 (“1888”), and ________________________________ (Staff Member) hereby agree as
follows:

1. 1888 and Staff Member have determined that it is necessary for Staff Member to have Confidential
Information.

2. As used herein, the term “Confidential Information” means any and all information which is
disclosed by either party to the other pursuant to this Agreement, whether or not such information is
marked “Confidential” or disclosed in writing, electronic, or orally. Confidential Information
includes, but is not limited to: Product Development, merchandising plans, designs, intellectual
properties, samples, manufacturing processes, Studio 33, Paychex data and 1888 data.

3. The recipient of Confidential Information will use at least the same level of care as it exercises with
respect to its own Confidential Information, but not less than a reasonable and prudent degree of
care, to prevent the disclosure of the Confidential Information.

4. The recipient further agrees not to use Confidential Information for any purpose other than the
Agreement Objective, unless and until the parties hereto enter into a subsequent written agreement
concerning the use of the Confidential Information.

5. The mutual obligations of confidentiality and restricted use as set for the in Paragraph 3 and 4 above
shall terminate with respect to any particular portion of Confidential Information when the recipient
thereof can document that:

a. it was in the public domain at the time of disclosure hereunder or it entered the public domain,
through no fault of the recipient, after disclosure hereunder;
b. it was already in the recipient’s possession free of any obligation of confidentiality at the time
of disclosure and was not previously acquired directly or indirectly from the party disclosing
the same hereunder;
c. it was developed by employees of the recipient independently and without reference to any
Confidential Information obtained hereunder; or
d. it was disclosed to the recipient without any confidentiality restriction by a third party having
the bona fide right to make such disclosure.

6. All materials including, without limitation, data, documents, drawings, models, apparatus, samples,
sketches, designs, and lists furnished to either party by the other and which contain or embody
Confidential Information shall remain the property of the disclosing party and shall be returned to
the disclosing party promptly at its request with all copies made thereof, or upon termination of
employment for any reason.

7. This Agreement does not create any other obligation or confer any license or other right on either
party with respect to any Confidential Information or other intellectual property asset of the other
party other than as set forth in this Agreement.
8. The term of this Agreement shall run from the date hereof until termination of this Agreement by
either party by providing written notice to the representative as named below. The mutual
obligations of the parties under this Agreement with respect to confidentiality and use of
Confidential Information disclosed pursuant to this Agreement shall expire two (2) years after the
termination of this Agreement.

9. This Agreement, and any disputes arising hereunder, whether in contract, tort or otherwise, shall be
construed and enforced in accordance with the law as of the State of Georgia without regard to its
conflicts-of-law provision. Each party hereto agrees to submit to the exclusive jurisdiction of the
state and federal courts of the State of Georgia in any action or proceeding arising out of or relating
to this Agreement.

10. The breaching party agrees to indemnify and hold harmless the non-breaching party from any
damages, loss, cost or liability (including legal fees and the cost of enforcing this indemnity) arising
out of a result from the breach of this Agreement. In addition, in the event of any breach of this
Agreement, the breaching party acknowledges that non-breaching party would suffer irreparable
harm and will not have an adequate remedy at law and agrees that, in addition to any and all other
remedies available at law or in equity, the non-breaching party shall be entitled to injunctive and
other equitable relief, without posting a bond or other security, to enforce the terms hereof.

11. This Agreement may be executed and delivered by each party hereto in separate counterparts, each
of which when executed and delivered shall be deemed an original and both of which taken together
shall constitute one and the same agreement. This Agreement is binding upon and shall inure to the
benefit of the parties and their respective successors and assigns.

12. The parties agree that each provision herein shall be treated as a separate and independent clause,
and the enforceability of any one clause shall in no way impair the enforceability of any of the other
clauses herein. Moreover, if one or more of the provision contained in this Agreement shall for any
reason be held to be excessively broad as to scope, activity, subject, duration or otherwise so as to be
unenforceable at law, such provision or provisions shall be construed by the appropriate judicial
body by limiting or reducing it or them, so as to be enforceable to the maximum extent compatible
with the applicable law as it shall then appear.

13. This agreement supersedes any prior confidentiality agreement made by 1888 and Staff Member.

IN WITNESS WHEREOF, 1888 and Staff Member have caused this Confidentiality Agreement to be
executed in the spaces provided below.

1888 Mills, LLC Staff Member: ____________________________

By: __________________________________ By: _____________________________________

Title: _________________________________ Title: ____________________________________

Date: _________________________________ Date: ____________________________________

Staff version