* Effective as of August 18, 2020
Covered Claims. This Agreement covers all legal disputes, claims, or causes of action, which are or may be brought in a federal, state or local court or agency under applicable federal, state or local laws, arising out of this Agreement and the relationship between the Company and Contractor, including any disputes over the classification of the Contractor as an independent contractor (collectively, “Covered Claims”).
- This Agreement is mutual and covers all legal claims, whether initiated by Contractor or by the Company. Should there be any ambiguity in the scope of claims covered by this Agreement, the Parties shall apply a presumption of arbitrability to all Covered Claims.
- The only exception to this Agreement to arbitrate legal disputes is contained below, related to the Company’s right to seek a temporary or permanent injunction related to the Contractor’s breach of any provision of the Agreement.
Waiver of Class and Collective Action Claims. The Company and Contractor expressly intend and agree that: (i) class and collective action or other representative action procedures shall not be asserted, nor will they apply, in any arbitration pursuant to this Agreement; (ii) each will not assert class and collective action or other representative action claims against the other in arbitration or otherwise; and (ii) the Company and Contractor shall only submit their own, individual claims in arbitration and will not seek to represent the interests of any other person.
Mandatory Binding Arbitration. The Company and Contractor agree that all Covered Claims shall be submitted to final and binding arbitration, to be heard by one arbitrator. The Parties understand and fully agree that by entering into this Agreement to arbitrate, they are giving up their right to have a trial by jury. Also, the Parties agree that this Agreement precludes either Party from filing suit in any court over a Covered Claim. The Parties anticipate that by entering into this Agreement, they will gain the benefits of a speedy and less expensive dispute resolution procedure.
Governing Rules. Arbitration under this Agreement will be administered by the American Arbitration Association (“AAA”) in accordance with its Commercial Arbitration Rules & Mediation Procedures (“AAA Rules”). The AAA Rules are available online at www.adr.org. The Contractor also can contact any AAA office to obtain assistance or information about the arbitration process. If the AAA Rules are inconsistent with the terms of this Agreement, the terms of this Agreement shall govern. All demands for arbitration must be filed within the statute of limitations applicable to the Covered Claims.
Date, Time and Place of Hearing. The Arbitrator shall conduct and preside over an arbitration hearing of reasonable length and shall determine the date and time of the hearing. The hearing shall be held at AAA’s offices in Philadelphia, Pennsylvania, unless the parties mutually agree to an alternative location.
Motions. The Arbitrator shall have jurisdiction to hear and rule on prehearing disputes and is authorized to hold prehearing conferences by telephone or in person as the Arbitrator deems necessary. The Arbitrator shall have the authority to set deadlines for completion of discovery, and for filing motions for summary judgment, and to set briefing schedules for any motions. The Arbitrator shall have the authority to adjudicate any cause of action, or the entire claim, pursuant to a motion for summary adjudication and/or summary judgment.
Post-Hearing Briefs. Following the arbitration hearing, either Party shall have the right to prepare and file with the Arbitrator a post-hearing brief. The time to file such briefs shall be determined by agreement of the Parties or order by the Arbitrator.
Arbitration Fees and Costs. In the event that an arbitration action commences, the Company and Contractor will evenly divide the following fees associated with the arbitration proceedings: (i) the arbitrator’s fee; (ii) the AAA case administration fees; (iii) the room fee where the hearing will held, if any; and (iv) the court reporter’s fee to transcribe the proceedings, if any, both for depositions and arbitration hearing. All other fees and costs, including but not limited to, attorneys’ fees, expert witness fees, and copies of transcripts, shall be borne by the respective Party who incurs such fee; provided, however, that if a Party prevails on a statutory claim which legally entitles such Party to award of fees or costs, the Arbitrator may award such fees and/or costs to the prevailing Party. Any dispute as to the reasonableness of any fee or cost shall be resolved by the Arbitrator.