Arbitration Agreement

By entering into this agreement, controversies between the parties below are subject to binding arbitration under the arbitration rules set forth in the Federal Arbitration Act (FAA), 9 U.S.C. sections 1 et seq., or if for any reason the FAA does not apply, then such controversies shall be subject to binding arbitration rules set forth in the California Arbitration Act, California Code of Civil Procedure, Title 9 of Part 3, Sections 1280 et seq., and other applicable laws. This agreement waives all rights to a civil court action, including class action lawsuits. A decision through binding arbitration, not by a judge or jury, will decide the controversy.

Nothing contained herein shall preclude either party from obtaining injunctive or other equitable relief to restrain violations of this agreement or applicable law or to preserve the status quo pending the arbitration of controversies.

An impartial arbitrator shall be selected jointly by the parties within ten (10) working days of receipt of the written demand. In the event the parties are unable to agree within the time stated, the arbitrator shall be selected from a panel submitted by the American Arbitration Association (AAA), the Judicial Arbitration and Mediation Service (JAMS), or the California State Mediation Service in a manner consistent with the National Rules for the Resolution of Employment Disputes or by alternate striking of names until only one is left. The arbitrator shall have the power to decide any motions brought by any party to arbitration, including discovery motions, motions for summary judgment and/or adjudication, and motions to dismiss and demurrers, prior to arbitration. The arbitrator shall have no authority to add to, delete, or alter any provisions of the Agreement, but shall limit his/her decision to the application and interpretation of its provisions.

The decision of the arbitrator shall be final and binding. The arbitrator shall issue a signed and dated written opinion and award within sixty (60) days calendar days following an arbitration hearing. The arbitrator’s decision shall set forth the legal principles supporting the opinion and shall decide controversies. The arbitrator shall be permitted to award only those remedies in law or equity which are requested by the parties and which the arbitrator determines to be supported by credible, relevant evidence. Judicial review may be appropriate when an arbitrator’s decision would be inconsistent with the protection of a party’s statutory rights.

The parties agree to equally share the fees and expenses of the arbitrator and court reporter, if any. The parties shall bear their own costs for counsel or legal representation. If the parties have an employment relationship, the employer shall pay the arbitration fees and expenses and the employee is entitled to recover attorney fees and expenses expended to pursue claims for unpaid overtime, unpaid minimum wages, waiting time penalties, and the failure to reimburse business expenses. The arbitrator shall have the power to award any remedies, including attorney’s fees and expenses, available under applicable law.

By voluntarily signing below, the parties certify they have read, understand, and agree to the above Arbitration Agreement. Either party may rescind this Arbitration Agreement in its entirety in writing within thirty (30) days.

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1st Party Printed Name Date

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2nd Party — The Company Printed Name Date

A copy of this signed agreement was provided to the parties on this date.

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Courtesy Pacific Employers