Mutual Agreement to Arbitrate Claims
This Mutual Agreement to Arbitrate Claims (Agreement) is entered into by and between National Star Services (Employer) and (Employee), effective on the date executed below.
1. Claims Covered by This Agreement. Employee and Employer mutually agree to the resolution by arbitration of all claims or controversies arising out of Employee’s employment or its termination (collectively, the “Claims”) that either party may have against the other, including Employer’s parent, subsidiaries, or affiliates or any of their officers, directors, shareholders, representatives, attorneys, agents, or assigns in their capacity as such or otherwise. The Claims covered by this provision include, without limitation, claims arising out of contract law, tort law, common law, wrongful discharge law, privacy rights, statutory protections, constitutional protections, wage and hour law, California Labor Code protections, the California Fair Employment and Housing Act (which includes claims for discrimination or harassment on the basis of age, race, color, ancestry, national origin, disability, medical condition, marital status, religious creed, sex, pregnancy, gender, and sexual orientation), any similar state discrimination law, the California Family Rights Act, the federal Family and Medical Leave Act, the federal Civil Rights Acts of 1964 and 1991, as amended, the Age Discrimination in Employment Act, the Older Workers Benefit Protection Act, the Americans with Disabilities Act, claims for benefits (except when a benefit or pension plan specifies that its claims procedures shall culminate in an arbitration procedure different from this one), and claims for violation of any federal, state, or other governmental law, statute, regulation, or ordinance. The parties understand that, by this Agreement, they are waiving their rights to have a Claim adjudicated by a court or jury. Claims Employee may have for workers’ compensation, state unemployment compensation benefits, and state disability insurance are not covered by this Agreement.
2. Arbitration. Except as otherwise provided in paragraph one, arbitration shall be in accordance with the then current JAMS (Judicial Arbitration Mediation Services) Employment Arbitration Rules and Procedures (“JAMS Rules”) before an experienced employment arbitrator or private judge selected from a list supplied by JAMS who is selected in accordance with the JAMS Rules. The arbitration shall take place in the county in which the Employee performed the principal duties of his or her job.
3. Costs and Fees. If Employee alleges a violation of a statute relating to employment, including, without limitation, the California Fair Employment and Housing Act (or similar state statute), the Civil Rights Acts of 1964 and 1991, the Age Discrimination in Employment Act, or the Americans with Disabilities Act, Employer will advance all costs of the arbitration that would not be incurred by the parties if the dispute were litigated in court, including the fees of the arbitrator and any arbitration association administrative fees.
Except as set forth above, each party shall pay for its own costs, and attorney fees, if any. However, if any party prevails in a statutory Claim that affords the prevailing party attorney fees, the arbitrator may award reasonable attorney fees to the prevailing party in addition to any and all other remedies afforded by the relevant statute.
4. Requirements to Modify or Revoke This Agreement. This Agreement shall survive the termination of Employee’s employment and the expiration of any benefit plan. It can be revoked or modified only by a writing signed by the parties that specifically states an intent to revoke or modify this Agreement.
5. Entire Agreement. This is the complete agreement of the parties on the subject of arbitration of disputes (except for any arbitration agreement in connection with any benefit or pension plan). This Agreement supersedes any prior or contemporaneous oral or written understandings on the subject. This Agreement is not a contract of employment, express or implied, for a term. It does not alter the “at-will” status of Employee’s employment or restrict Employer’s decision-making authority concerning Employee’s terms and conditions of employment.
6. Exclusive Forum. THE PARTIES ACKNOWLEDGE THAT THEY HAVE CAREFULLY READ THIS AGREEMENT AND THEY UNDERSTAND ITS TERMS. IN PARTICULAR, THE PARTIES UNDERSTAND THAT BY SIGNING THIS AGREEMENT THEY ARE WAIVING THEIR RIGHTS TO HAVE A CLAIM ADJUDICATED BY A COURT OR JURY.
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Document Name: Mutual Agreement to Arbitrate Claims
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