| The parties to the Arbitration Agreement (the “Agreement) are Creative Solutions for Hope (the “Company” or “CSH”) and (“Employee”).
The Parties understand and agree that, except as expressly set forth in this Agreement, any and all controversy, dispute or claim between or among the Employee and the Company, or its officers, directors, agents or other employees, whether brought on by an individual, group, representative or class basis, which Employee and Company cannot resolve informally and internally, and is in excess of the jurisdictional limit for small claims court, shall be settled by final and binding arbitration, at the request of either party, subject to the limited rights to judicial review described below. The claims which are to be arbitrated under this Agreement include, but are not limited to, claims and disputes related to this Agreement (including its creation, terms and enforceability), claims and disputes related to wages or other compensation due, breach of contract, torts, violation of public policy, discrimination, harassment, wrongful termination in violation of public policy, retaliation, or any other employment-related claims under laws including but not limited to Title VII of the Civil Rights Act of 1964, the Americans With Disabilities Act, the Age Discrimination in Employment Act, the California Fair Employment and Housing Act, the California Labor Code, and any other local, state, or federal statutes, laws, ordinances, or regulations relating to an employee's relationship with his/her employer, regardless of whether such dispute is initiated by the employee or the Company. This Agreement also covers any and all claims that the Company may have against the employee, including (but not limited to) claims for misappropriation of Company property, disclosure of proprietary information or trade secrets, interference with contract, trade libel, gross negligence, or any other claim for alleged wrongful conduct or breach of the duty of loyalty.
|
| This Agreement does not apply to claims brought before a local, state or federal administrative body or government agency that is authorized to enforce or administer laws related to employment, such as claims brought under the National Labor Relations Act, claims for workers' compensation benefits, claims for unemployment insurance benefits, claims brought under Labor Code Section 98 et seq., and claims brought before the Equal Employment Opportunity Commission or California Department of Fair Employment and Housing. However, Employee does knowingly waive the right to file a civil action, complaint, or claim of any nature seeking recovery of money or injunctive relief, except as described above. Employee understands that by agreeing to submit all claims to binding arbitration, Employee is waiving any right to trial by jury or other judicial forum that might otherwise exist.
Claims shall be submitted to and determined exclusively by binding arbitration as provided for by the Federal Arbitration Act, in conformity with the procedures of the California Arbitration Act. Arbitration shall be the exclusive method for resolving any dispute; provided, however, that either party may request provisional relief from a court of competent jurisdiction, as provided in California Code of Civil Procedure section 1281.8.
|
| Any issues regarding the enforceability of this Agreement or any provision thereof shall be decided in the first instance by the arbitrator, including, without limitation, issues regarding the formation, interpretation, applicability, or enforceability of this Agreement, whether this Agreement or any provision thereof is void or voidable, and whether a dispute is covered by this Agreement or excluded by this Agreement. Any procedural issues, including without limitation the procedures to be followed in any arbitration proceedings, allegations of delay and waiver (both as to compliance with the terms of this Agreement and/or as a result of litigation conduct in court), and whether prerequisites such as time limits, notice, laches, estoppel, and other conditions precedent to an obligation to arbitrate have been met also are covered under the is Agreement to be decided in the first instance by the arbitrator. Arbitration pursuant to this Agreement shall be conducted before a single arbitrator who, unless otherwise agreed between Employee and Company, shall be a retired judge or justice of the California Superior Court or Court of Appeal. The Employee and the Company will select an arbitrator by mutual agreement. If the Employee and the Company are unable to agree on a neutral arbitrator, either party may elect to obtain a list of arbitrators from Judicial Arbitration and Mediation Services (“JAMS”). The Employee and the Company will alternately strike names from the list, with the Employee striking the first name, until only one name remains. The remaining person shall be the arbitrator. The arbitrator shall be jointly picked by the parties within fifteen (15) days after the notice of arbitration is submitted. The arbitration shall be commenced within sixty (60) days after selection of the arbitrator, absent agreement by the parties to a continuance or the grant of a continuance by the arbitrator. |
| The arbitration shall be administered by JAMS in accordance with the JAMS rules then in effect for employment disputes, to the extent permitted by law. A copy of the JAMS Employment Arbitration Rules and Class Action Procedures currently in effect for dispute resolution under this Agreement are attached hereto and incorporated herein as Attachments “1” and “2” and are also currently available at http://www.jamsadr.com/rules-employmentarbitration/ and http://www.jamsadr.com/rules-class-action-procedures/. Arbitration proceedings will be held in Orange, California or, if the employee is primarily employed elsewhere in California, outside Orange County, in the county in which the Employee is primarily employed. The demand for arbitration must be in writing and must be made by the aggrieved party within the statute of limitations period provided under applicable California and/or federal law for the particular claim. Failure to make a written demand within the applicable statutory period constitutes a waiver to raise that claim in any forum. |
| The arbitrator shall apply applicable California and/or federal substantive law to determine issues of liability and damages regarding all claims to be arbitrated, and shall apply the California Evidence Code to the proceeding. The parties shall be entitled to conduct discovery in the manner provided in the California Code of Civil Procedure Section 1283.05, as the same may hereafter be amended, The arbitrator shall hear motions for summary disposition, summary judgment, motions to dismiss and motions for class certification as provided in the California Code of Civil Procedure.
Within thirty days following the hearing and the submission of the matter to the arbitrator, the arbitrator shall issue a written opinion and award which shall be signed and dated. The arbitrator's award shall decide all issues submitted by the parties, and the arbitrator may not decide any issue not submitted. |
| The arbitrator shall prepare in writing and provide to the parties a decision and award which includes factual findings and the reasons upon which the decision is based. The arbitrator shall be permitted to award only those remedies in law or equity which are requested by the parties and allowed by law. The decision of the arbitrator shall be binding and conclusive on the parties and cannot be reviewed for error of law or legal reasoning except for a limited judicial review in accordance with the California Code of Civil Procedure Section 1285 et seq., as the same may hereafter be amended. Judgment upon the award rendered by the arbitrator may be entered in any court having proper jurisdiction.
The cost of the arbitrator and other incidental costs of arbitration that would not be incurred in a court proceeding shall be borne by the Company. The parties shall each bear their own costs and attorneys' fees in any arbitration proceeding, provided however, that the arbitrator shall have the authority to require either party to pay the costs and attorneys' fees of the other party during the arbitration, as is permitted under federal or state law, as a part of any remedy that may be ordered.
|
| Both the Company and Employee understand that by using arbitration to resolve disputes they are giving up any right that they may have to a judge or jury trial with regard to all issues concerning employment.
Additionally, Employee and Company agree and understand that the Arbitrator shall not consolidate claims of different employees into one (1) proceeding. Nor shall the Arbitrator have the power to hear arbitration as a class or collective action. (A class or collective action involves representative members of a large group, who claim to share a common interest, seeking relief on behalf of the group.)
No employee or other Company representative can modify this Agreement in any manner nor enter into any agreement that is contrary to this Agreement unless it is in writing and signed by either the Company’s Chief Executive Officer or Chief Financial Officer.
If any term, provision, covenant or condition of this Agreement is held by a court of competent jurisdiction or an arbitrator to be invalid, void, or unenforceable, the remaining terms and provisions of this Agreement will remain in full force and effect and shall in no way be affected, impaired, or invalidated. |
| This Agreement embodies the complete agreement and understanding of the parties related to the resolution of any dispute regarding Employee’s employment by the Company, superseding any and all other prior or contemporaneous oral or written agreements between the parties hereto with respect to the same and contains all of the covenants and agreements of any kind whatsoever between the parties with respect to the same. Each party acknowledges that no representations, inducements, promises or agreements regarding the resolution of any dispute regarding Employee’s employment with the Company, whether oral or written, express or implied, have been made by either party or anyone acting on behalf of any dispute between Employee and the Company not contained herein shall be valid or binding.
Employee and the Company represent and agree that each has reviewed all aspects of this Agreement, has carefully read and fully understands all provisions of this Agreement, and is voluntarily entering into this Agreement. The parties represent and agree that each has had the opportunity to review any and all aspects of this Agreement with the legal or other advisor of the party’s choice before executing this Agreement.
This Agreement shall be binding upon and inure to the benefit of and shall be enforceable by and against Employee’s heirs, beneficiaries and legal representatives. It is agreed that the rights and obligations of Employee may not be delegated or assigned except as specifically set forth in this Agreement.
The provisions of this Agreement will survive the termination of Employee’s employment and remain in full force and effect thereafter. Nothing in this Agreement will be construed to create any express or implied contract of employment or alter in any way the at-will nature of Employee’s employment with the Company.
This Agreement may be executed in counterparts and each counterpart, when executed, shall have the validity of an original. Photographic or facsimile copies of any signed counterparts may be used in lieu of the original for any purpose.
|
