RV Detailer

Please contact us if you would like to better understand our data collection and usage policies. Arbitration Agreement PLEASE TAKE TIME TO READ AND CONSIDER THIS AGREEMENT Arbitration of Disputes. Both employee signing below (“Employee”) and the Company (as defined below) agree that any claim, dispute, and/or controversy between them which would otherwise require or allow resort to any court or other governmental dispute resolution forum arising from, related to, or having any relationship or connection whatsoever with Employee’s seeking employment with, employment by, termination of employment from, or other association with the Company, shall be resolved through mandatory, neutral, binding arbitration on an individual basis only. For purposes of this Arbitration Agreement (“Agreement”), the “Company” is defined as the entity Employee is employed by and RV Retailer, LLC together with their parents, subsidiaries, affiliates, predecessors, successors, and assigns, and each of their respective current and former owners, directors, officers, managers, employees, vendors, and agents. This agreement covers all theories and disputes, whether styled as an individual claim, class action claim or otherwise, and includes, but is not limited to, any claims of discrimination, retaliation, harassment, breach of contract, tort, unpaid wages, and any alleged violations of statute, regulation, or ordinance or any claims in equity. Any arbitration hereunder shall be governed by the Federal Arbitration Act (9 U.S.C. § 1 et seq., hereinafter the “FAA”) and not by any state law concerning arbitration, and, except as modified by this Agreement, the arbitration will be conducted pursuant to the Federal Rules of Evidence, the Federal Rules of Civil Procedure, and the substantive law governing the claims pled. This Agreement shall not be construed to allow or permit the consolidation or joinder of claims or controversies involving any other allegedly aggrieved parties, and no matter whatsoever will proceed as a class action, collective action or any similar representative action (collectively, “Class-Collection Action” or “Class-Collective Actions”). No Arbitrator shall have the authority under this Agreement to order any such Class- Collective Action without the express written consent and agreement of both Employee and the Company. The prohibition on Class-Collective Actions (“Class-Collective Action Waiver”) referenced in this paragraph does not waive Employee’s rights available under Section 7 of the National Labor Relations Act. Claims Excluded from Binding Arbitration under this Agreement. The sole exceptions to the mandatory arbitration provisions of this Agreement are claims arising under the National Labor Relations Act that are brought before the National Labor Relations Board, claims for medical and disability benefits under Workers’ Compensation, claims filed with the state for Unemployment Compensation, claims for violation of Employee’s confidentiality, trade secrets, or non-competition or non-solicitation obligations or for other breaches that would result in irreparable harm to the Company and require injunctive relief, and any claims or disputes arising out of any other written contact(s) between Employee and the Company where the contract specifically provides for resolution through the courts. Nothing herein shall prevent Employee from filing and pursuing administrative proceedings before the U.S. Equal Employment Opportunity Commission or an equivalent state or local agency (although if Employee chooses to pursue a claim following the exhaustion of such administrative remedies, that claim would be subject to arbitration pursuant to this Agreement). Rules of Arbitration. In addition to any requirements imposed by law, any arbitrator herein shall be a retired judge or licensed attorney with experience serving as an arbitrator in the subject matter of the dispute, as mutually agreed to by the parties, and shall be subject to disqualification on the same grounds as would apply to a judge of a court of general jurisdiction in the county in which the arbitration is proceeding. The arbitrator shall be a single person, shall follow controlling law, may award any remedies (including individual equitable relief) available under controlling law, and shall issue a decision in writing within 45 days of the arbitration hearing with a supporting opinion based on applicable law. If the decision and supporting opinion are not appealed as described below within 90 days of issuance of the decision, then the decision is final and binding on the parties (except as otherwise provided for under the FAA) and may be entered in any court of competent jurisdiction. At either party’s election, such decision and supporting opinion may be appealed to another arbitrator (“Appellate Arbitrator”), who shall be a single person and who shall be chosen in the same manner as described above. The Appellate Arbitrator shall apply to the underlying decision and opinion the same standard of review applicable to a bench trial of a civil case in the appellate court in the county in which the arbitration is proceeding and issue a decision in writing with a supporting opinion based on such review and applicable law. The Appellate Arbitrator’s decision shall be final and binding on the parties (except as otherwise provided for under the FAA) and may be entered in any court of competent jurisdiction. The costs of arbitration shall be borne by the Company, but each party will be responsible for its own attorneys’ fees and expenses, including travel expenses, except as otherwise provided by law. Class–Collective Action Waiver. Employee understands and acknowledges that the terms of this Agreement include a waiver of any substantive or procedural rights that Employee may have to bring or participate in an action as part of a class, collective, private attorney general, representative, or other similar basis. This Class-Collective Action Waiver does not take 4851-2701-2340.1 away or restrict the right of Employee to pursue Employee’s own claims, but only requires that any such claims be pursued in Employee’s own individual capacity, rather than on a class, collective, private attorney general, representative, or similar basis. Waiver of Jury Trial. EMPLOYEE AND THE COMPANY UNDERSTAND THAT BY AGREEING TO THIS BINDING ARBITRATION PROVISION, BOTH GIVE UP THEIR RIGHT TO TRIAL BY JURY OF ANY CLAIM EITHER MAY HAVE AGAINST THE OTHER, EXCEPT AS EXPRESSLY PROVIDED OTHERWISE HEREIN. Severability and Related Matters. If any portion of this Agreement is deemed invalid or unenforceable, it shall not invalidate the other provisions of this Agreement subject to this provision. If any portion of the Class-Collective Action Waiver is deemed invalid or unenforceable, and certain claims are determined not to be subject to the Class-Collective Action Waiver (“Exempt Claim” or “Exempt Claims”), then the parties shall proceed as follows: (i) the parties shall arbitrate on an individual basis any non-Exempt Claim to the maximum extent permitted by law; (ii) any party seeking to bring or maintain any Exempt Claim shall do so in court. Employee and Company agree that litigation of any Exempt Claim should be stayed pending final resolution of all non-Exempt Claims in arbitration so that litigation of the Exempt Claim(s) does not disrupt the arbitration proceedings or render them ineffective (regardless whether any such Exempt and non-Exempt Claims are initially brought or maintained in separate proceedings or suits or the same proceeding or suit or whether any non-Exempt Claim is planned to be brought or maintained in a later proceeding or suit); no party shall oppose the other party’s request for a stay. The parties agree that staying any such litigation pending resolution of individual arbitration will increase efficiencies, decrease costs, and further the interest of justice. Under no circumstances shall this Agreement be construed to allow arbitration of a claim by a class, collective, representative or other similar basis. Exclusive Agreement. Any agreement contrary to or modifying the foregoing arbitration provisions must be entered into, in writing, by the President of RV Retailer, LLC. Oral representations made before or after Employee is hired do not alter this Agreement. Entire Agreement. This Agreement supersedes any and all prior agreements regarding arbitration, including, but not limited to, any arbitration provisions in employment applications. MY SIGNATURE ATTESTS TO THE FACT THAT I HAVE READ, UNDERSTAND, AND AGREE TO BE LEGALLY BOUND BY ALL OF THE ABOVE TERMS. I FURTHER UNDERSTAND THAT THIS AGREEMENT REQUIRES ME TO ARBITRATE ANY AND ALL DISPUTES THAT ARISE OUT OF MY EMPLOYMENT, EXCEPT AS EXPRESSLY PROVIDED OTHERWISE HEREIN.