Contract analysis

1. Introduction and Purpose of Engagement This letter confirms and sets forth the terms under which Calderwood & Harkness LLP ("the Firm" or "Calderwood & Harkness") seeks to retain you, Dr. Irene Calder, Ph.D., and your firm, Pinnacle Brand Analytics LLC ("Pinnacle"), as a testifying expert in the above-referenced action. We write in your capacity as a nationally recognized authority in consumer psychology, brand pe

2. Background of the Dispute To provide you with the context necessary to begin your work, we offer the following summary of the factual and legal background of this matter. Additional documents and materials will be provided to you promptly upon your execution and return of this retention letter. 2.1 VHG's Trademark Portfolio VHG holds a robust portfolio of federally registered trademarks incorporating the mark "VER

1. Count I: Federal trademark infringement under Section 32(1) of the Lanham Act, 15 U.S.C. § 1114(1), based on CVR's unauthorized use of marks confusingly similar to VHG's federally registered VERIMARK trademarks in connection with identical hospitality services.

2. Count II: Federal unfair competition and false designation of origin under Section 43(a) of the Lanham Act, 15 U.S.C. § 1125(a), based on CVR's use of the "VERIMARK RESORTS" and "VR Verimark" designations in a manner likely to cause confusion, mistake, or deception as to the origin, sponsorship, or affiliation of CVR's services.

3. Count III: Federal trademark dilution under Section 43(c) of the Lanham Act, 15 U.S.C. § 1125(c), based on CVR's use of marks that dilute the distinctive quality of VHG's famous VERIMARK marks by blurring and tarnishment.

4. Count IV: Common law trademark infringement under Florida law, based on CVR's unauthorized adoption and use of marks confusingly similar to VHG's prior-established common law and registered trademark rights in the VERIMARK brand.

5. Count V: Violation of the Florida Deceptive and Unfair Trade Practices Act ("FDUTPA"), Florida Statutes § 501.204, based on CVR's deceptive trade practices in marketing and offering hospitality services under marks confusingly similar to VHG's marks. CVR is represented by Natasha K. Okonkwo, Esq. and Derek S. Fuentes, Esq. of Alcántara Reeves LLP, located at 200 Las Olas Circle, Suite 700, Fort Lauderdale, Florida

3. Scope of Expert Engagement 3.1 Survey Design and Methodology You are retained to design, conduct, and analyze a Teflon-format likelihood-of-confusion consumer survey. The specific objectives of the survey are as follows: (a) To measure whether consumers are likely to confuse CVR's marks — specifically, "VERIMARK RESORTS" (word mark) and "VR Verimark" (stylized logo) — with VHG's federally registered VERIMARK marks

4. Compensation 4.1 Survey Fee The parties agree to a flat fee of Forty-Five Thousand Dollars ($45,000.00) for the design, fielding, tabulation, analysis, and written report of the Teflon-format likelihood-of-confusion consumer survey described in Section 3.1 above. This flat fee is intended to be comprehensive and covers all costs directly associated with the execution of the survey, including but not limited to res

5. Timeline and Deliverables Given the pendency of VHG's Motion for Preliminary Injunction and the currently scheduled hearing date, the following deadlines shall govern the initial phase of this engagement: The survey instrument design and methodology memorandum, due no later than August 8, 2025 (approximately two and one-half weeks from the date of engagement), should describe the proposed survey design in sufficie

6. Confidentiality Obligations All information, documents, data, materials, and communications provided to you by Calderwood & Harkness LLP, by VHG, or by any other party on behalf of VHG in connection with this engagement are strictly confidential and may be subject to the protection of the attorney work-product doctrine and/or other applicable privileges. You shall treat all such materials as confidential and shall

7. Document Retention Requirements Dr. Calder shall preserve and maintain all documents, data, electronically stored information, communications, and materials of any kind related to this engagement. Without limitation, the materials to be preserved include: (a) All drafts and final versions of the survey instrument, including any pilot or pretest versions; (b) All raw survey data, data files, tabulations, cross-tabu

8. Independence and Objectivity Dr. Calder confirms and represents that she has no financial interest in, affiliation with, contractual relationship with, or personal or professional relationship to either Verimark Hospitality Group Inc. or Coral Verimark Resorts LLC, or to any of their respective officers, directors, members, managers, employees, or counsel (including Calderwood & Harkness LLP and Alcántara Reeves L

9. Termination Either party may terminate this engagement upon ten (10) calendar days' prior written notice to the other party. Notice of termination may be delivered by email (with confirmation of receipt) or by overnight courier to the addresses set forth in this letter. In the event of termination by either party, Dr. Calder shall be entitled to compensation for all work performed and all expenses incurred through

10. No Attorney-Client Relationship This engagement creates an expert-consultant and testifying-expert relationship between Calderwood & Harkness LLP, on behalf of its client Verimark Hospitality Group Inc., and Dr. Irene Calder and Pinnacle Brand Analytics LLC. This letter does not create, and shall not be construed to create, an attorney-client relationship between Dr. Calder (or Pinnacle) and either VHG or Calderw

11. Contact Information Your primary day-to-day contact for this engagement is: Peter Vassiliev Lead Associate Calderwood & Harkness LLP 400 Brickell Avenue, Suite 3200 Miami, Florida 33131 Telephone: (305) 555-7834 Email: pvassiliev@calderwoodharkness.com The supervising partner on this matter is: Marcus Delgado Responsible Partner Calderwood & Harkness LLP 400 Brickell Avenue, Suite 3200 Miami, Florida 33131 Teleph

12. Acceptance and Countersignature If the foregoing terms are acceptable to you, please signify your acceptance by signing and dating this letter in the space provided below and returning an executed copy to Peter Vassiliev at Calderwood & Harkness LLP, either by email (scanned PDF) to pvassiliev@calderwoodharkness.com or by mail/courier to the address set forth above. Upon your execution and return, this letter sha

1. Certified copies of VHG's federal trademark registration certificates: (a) U.S. Registration No. 3,742,618 — "VERIMARK" (word mark) (b) U.S. Registration No. 4,105,233 — "VERIMARK HOSPITALITY" (word mark) (c) U.S. Registration No. 5,489,701 — VERIMARK "V" Design Mark (stylized)

2. Screenshots of CVR's website (www.verimarkresortsgroup.com) and Northpoint Services Inc. account (@verimarkresortsofficial), captured and preserved with metadata as of July 2025.

3. Screenshots of VHG's website (www.verimark.com) and Northpoint Services Inc. account (@verimarkhospitality), for comparison purposes.

4. Summary report of twenty-three (23) documented instances of actual consumer confusion, prepared by Broadleaf Investigations Inc. (Lead Investigator: Jorge A. Quintana), covering the period March 2024 through June 2025.

5. Copy of the filed Verified Complaint, Verimark Hospitality Group Inc. v. Coral Verimark Resorts LLC, Case No. 1:25-cv-22847-AMC, U.S. District Court for the Southern District of Florida (filed July 22, 2025).

6. Copy of CVR's pending U.S. Trademark Application Serial No. 98/432,117 for "VERIMARK RESORTS" (International Class 043), as published in the Official Gazette and as reflected in the USPTO's Trademark Status & Document Retrieval system. CONFIDENTIAL — This letter and the information contained herein are intended solely for the use of the addressee and may contain information that is privileged, confidential, and ex