Service Advisor

ARBITRATION AGREEMENT This Arbitration Agreement (the “Agreement”) is entered into between ____________________ (“Employer”) and the undersigned employee or applicant for employment, as the case may be (“Employee/Applicant”). The parties hereby agree as follows: 1. Employee/Applicant enters into this Agreement in consideration of Employer’s promises herein and Employer’s consideration of Employee/Applicant’s application for employment or, if Employee/Applicant is employed by Employer at the time of the execution hereof, Employee/Applicant’s continued employment. 2. Any and all claims, disputes or controversies between Employer and Employee/Applicant or against each other or any agent or employee of the other directly or indirectly arising out of or related to Employee/Applicant’s employment, or application for employment, with Employer shall be resolved exclusively by arbitration administered by The McCammon Group, Ltd. under its rules and procedures then in effect. The costs and fees of the arbitration shall be shared equally by the parties unless they agree otherwise in writing. The determination or award rendered therein shall be binding and conclusive upon the parties. This agreement is subject to the Federal Arbitration Act, which shall govern its interpretation, enforcement and all proceedings relating hereto. Information may be obtained and forms may be filed electronically at www.mccammongroup.com or at the office of The McCammon Group, Ltd. by mail at 6641 W. Broad Street, Suite 400, Richmond Virginia 23230. Any arbitration shall take place in the state and county where the Employer is located, and the arbitration shall apply the substantive law of the Commonwealth of Virginia. Any modification or alteration of this Agreement shall be in writing and signed by the parties. 3. Except as provided in paragraph 4, the claims that the parties hereby agree to resolve by arbitration include any causes of action of any kind whatsoever, whether statutory or based on common law, at law or in equity, regardless of the relief or remedy sought, in tort, contract, by statute, or on any other basis, including but not limited to any and all claims, demands, rights, or causes of action relating to Employee/Applicant’s employment, or application for employment with, Employer, or any employment contract or alleged oral modification thereof, or to purported employment discrimination or violations of civil rights, such as but not limited to those arising under Title VII of the Civil Rights Act of 1964, the Civil Rights Act of 1991, the Civil Rights Acts of 1866 and/or 1871, the Age Discrimination in Employment Act of 1967, the Americans With Disabilities Act of 1990, Executive Order 11246, the Equal Pay Act of 1963, the Rehabilitation Act of 1973, or any other applicable federal, state, or local employment discrimination statute or ordinance. 4. This Agreement does not apply to or cover claims for injunctive and/or other equitable relief for intellectual property violations, violation of a noncompete agreement and/or the use and/or unauthorized disclosure of trade secrets or confidential information, or claims based upon an employee pension or benefit plan that either (1) contains an arbitration or other non-judicial resolution procedure, in which case the provisions of such plan shall apply, or (2) is underwritten by a commercial insurer which decides claims. 5. This Agreement shall not be construed to permit class-wide arbitration of any claim, dispute or controversy, nor shall any arbitration arising out of or relating to this Agreement include, by consolidation, joinder or otherwise, an additional person or entity not a party to this Agreement, except by written consent containing a specific reference to this Agreement and signed by both of the parties, and any person or entity sought to be joined. Consent to arbitration involving an additional person or entity shall not constitute consent to arbitration of any claim, dispute or other matter in question not described in the written consent or with a person or entity not named or described therein. These limitations on class-wide and consolidated arbitration are essential terms that neither courts nor arbitrators can sever from this Agreement. Apart from the limitations on class-wide and consolidated arbitration, in the event a court having jurisdiction finds any portion of this Agreement unenforceable, the remaining terms shall continue in effect. 6. This Agreement sets forth all of the promises, agreements, conditions, understandings, warranties and representations, and supersedes any and all other prior agreements or understandings, oral or written, between the parties with respect to the subject matter hereof. 7. Nothing herein is intended to create an employment contract between the parties for either employment or for the providing of any benefit. Any employment is terminable at will by either party, and no supervisor or other employee of Employer has the authority to alter this relationship. 1. EMPLOYEE/APPLICANT UNDERSTANDS AND ACKNOWLEDGES: A. THIS AGREEMENT HAS BEEN MADE VOLUNTARILY AND WITHOUT DURESS OF ANY KIND. B. EMPLOYEE/APPLICANT FULLY UNDERSTANDS THE TERMS HEREOF. C. EMPLOYEE/APPLICANT IS HEREBY WAIVING VALUABLE RIGHTS, INCLUDING THE RIGHT TO TRIAL BY JURY. D. EMPLOYEE/APPLICANT HAS BEEN ADVISED TO CONSULT WITH AN ATTORNEY BEFORE EXECUTING THIS AGREEMENT. IN WITNESS whereof the parties have executed this Agreement. Witness: _________________________ _________________________ (SEAL) Employee/Applicant’s signature _________________________ Employee/Applicant’s Printed Name Date: ____________________ EMPLOYER: Witness: _________________________ By: ______________________ (SEAL) Title: ___________________ Date: ____________________ I certify that answers given herein are true, accurate, and complete. I authorize investigation into all statements contained in this application for employment as may be necessary in arriving at an employment decision. This application for employment shall be considered active for a period of time not to exceed 45 days. Any applicant wishing to be considered for employment beyond this time period should inquire as to whether or not applications are being accepted at that time. I herby understand and acknowledge that, unless otherwise defined by applicable law, any employment relationship with this organization is of an "at will" nature, which means that the Employee may resign at any time and the Employer may discharge Employee at any time with or without cause. In the event of employment, I understand that false or misleading information given in my applciation or interview(s) may result in discharge. I understand, also, that I am required to abide by all rules and regulations of the employer.