ArbitrationAgreement Samplers 2020 MultiState PDF
ArbitrationAgreement Samplers 2020 MultiState PDF
This Mutual Agreement for Individual Arbitration (“Agreement”) is entered into between _____________ (“You”) and
Samplers Inc. (the “Company”). You and the Company recognize that disputes may arise before, during, or following
Your employment with the Company. You and the Company wish to resolve those disputes in an efficient and
economical manner. You and the Company agree and acknowledge that any and all disputes between You and the
Company that may arise out of or be related in any way to your application for employment and/or employment with
the Company and/or this Agreement will be submitted and resolved exclusively through binding individual arbitration,
which is the submission of a dispute to a neutral, impartial arbitrator as an alternative to the judicial system of a judge
and/or jury, where the arbitrator is presented with evidence through a formal arbitration process or hearing and a
decision is rendered based on the evidence.
You and the Company acknowledge and agree that You and the Company are each waiving the right to a trial or to
participate in any class or representative action. You and the Company both agree and understand that this
Agreement reflects the mutual intent of You and the Company. You and the Company further understand that this
Agreement and the arbitration will be subject to the following terms:
1. Claims Covered by This Agreement. You and the Company agree to resolve by binding arbitration any and all
claims, disputes, causes of action, lawsuits, proceedings, and/or controversies (“Claims”), past, present, or
future, relating to or arising out of Your employment with the Company. This includes Claims that the Company
may have against You or that You may have against the Company and its parent company, owners, affiliated
agents, affiliated companies, officers, directors, successors, assigns, clients, customers, or alleged joint
employers (collectively, the “Parties” to this Agreement). This Agreement also specifically covers all Claims,
asserted or unasserted, that You or the Company has or may have against each other, which predate the
execution of this Agreement, including Claims brought on Your behalf in any potential class or representative
action filed before or after this Agreement was signed.
2. Claims Not Covered by This Agreement. This Agreement does not cover any claims that, as a matter of law,
cannot legally be subject to arbitration, which includes, but is not limited to, (1) claims for workers’
compensation benefits, state disability benefits, state unemployment benefits; (2) the Company’s profit
sharing and 401(k) Plan; (3) administrative charges filed with a federal, state, or local government office or
agency, such as the Equal Employment Opportunity Commission (“EEOC”) or the National Labor Relations
Board (“NLRB”); and (4) a judicial action by either party for a temporary restraining order or a preliminary
injunction pending arbitration. To the extent any federal, state, or local law or regulation specifically precludes
arbitration of any other potential claim that would otherwise be subject to this Agreement, the Parties
acknowledge that any such claim is excluded from this Agreement.
3. Class Action Waiver. If there is more than one Claim between the Company and You, all such claims will be
heard in a single proceeding. Claims between the Company and other employees will each be heard in separate
proceedings. You hereby waive any right to participate, in any manner, in a class, collective, or representative
action (“Class Action Waiver”). To the extent any federal, state, or local law or regulation prohibits
enforcement of the Class Action Waiver with respect to any particular potential claim, the Parties acknowledge
that any such claim is excluded from the Class Action Waiver. Any dispute as to the enforceability of the Class
Action Waiver shall be decided exclusively by a court of competent jurisdiction and not by the arbitrator. In
the event a court determines that the Class Action Waiver is unenforceable with respect to any Claim, then this
waiver shall not apply to that Claim, and that Claim must be filed in a court of competent jurisdiction, and that
court shall be the exclusive forum for that Claim.
5. Consent of the Parties. Any unintended ambiguity in this Agreement shall be resolved in accordance with the
FAA and shall not be construed against the drafter. This Agreement reflects the mutual consent of You and the
Company consistent with the FAA. Both You and the Company intend this Agreement to serve as an
individualized arbitration agreement. You and the Company mutually consent to the Agreement as an
individualized arbitration agreement. Neither You nor the Company intend for this Agreement to include
classwide arbitration without the consent of both parties.
6. Arbitration Rules. All arbitrations shall be conducted by a single neutral arbitrator in accordance with the then-
current Employment Arbitration and Mediation Procedures of the American Arbitration Association (“AAA”),
which can be viewed at http://www.adr.org/employment or can be obtained via the Company upon request.
In the event of any conflict in the arbitration procedures set forth in this Agreement and the AAA rules specified
above, the AAA rules shall control, unless such rules violate applicable law.
7. Initiating Arbitration. Either You or the Company may initiate the arbitration of a dispute by notifying the
other party. The AAA website provides a copy of the notice and instructions for filling it out, which can be
found at https://www.adr.org/employmentforms. Either You or the Company may enter into arbitration
without the assistance of an attorney, although all parties are strongly encouraged to consult an attorney.
8. Arbitration Procedures. The arbitrator shall be selected by mutual agreement of both You and the Company
or in accordance with AAA rules. The Arbitrator shall have the power to award any type of legal or equitable
relief available in a court of competent jurisdiction. The Company will pay the arbitrator’s fees and any other
fees or expenses required by law. The parties shall be entitled to engage in reasonable discovery (which is the
mutual exchange of information, evidence, and/or known facts of a case or dispute).
9. Arbitrator’s Decision. The arbitrator shall issue a written award, setting forth the essential findings and
conclusions upon which the arbitrator based the award in sufficient detail to permit judicial review to the
extent permitted by applicable law. The award shall be final and binding upon the parties (although there are
very limited circumstances when a decision may be overturned). Any award may be entered as judgment in
any court of competent jurisdiction.
10. Place of Arbitration. The arbitration shall take place in the county in which You regularly perform(ed) Your
work.
11. Third-Party Enforcement. Any client, customer or affiliate or parent of the Company shall be deemed a third-
party beneficiary under this Agreement for purposes of being able to enforce this Agreement with regard to
any claims between You and such client, customer, affiliate or parent of the Company, and such client,
customer, affiliate or parent may enforce this Agreement to the maximum extent permissible by law or equity,
pursuant to any one or combination of legal or equitable theories including, but not limited to, agency,
equitable estoppel, and/or third party beneficiary, as applicable.
13. Requirements for Modification or Revocation. The parties agree that this Agreement shall survive the
termination of Your employment with the Company. It can only be revoked or modified by a writing signed by
both Parties that specifically states the intent to revoke or modify this Agreement.
14. Sole and Entire Agreement. This is the complete and entire agreement of the Parties on the subject of
arbitration of disputes. This Agreement supersedes any prior or contemporaneous oral or written
understanding on the subject. No Party is relying on any representations, oral or written, on the subject of the
effect, enforceability, or meaning of this Agreement, except as specifically set forth in this Agreement.
15. Copy of Signed Agreement. Once you have signed the Agreement, a copy of the executed Agreement will be
provided to you upon request.
16. Format of Signatures. This Agreement may be signed in counterparts and a PDF, facsimile, or electronic copy
of an original ink signature shall have the same force and effect as the original.
THE COMPANY AND YOU BOTH UNDERSTAND AND AGREE THAT THIS AGREEMENT PROVIDES FOR THE WAIVER OF THE
COMPANY’S AND YOUR RESPECTIVE RIGHTS TO A TRIAL ON CLAIMS COVERED BY THIS AGREEMENT. INSTEAD, SUCH
DISPUTES SHALL BE RESOLVED IN INDIVIDUAL ARBITRATION.
Company:
By:_____________________________________ Date:___01/01/2020_________