In consideration of Athenian Nail Spa & Bar providing Employee with an application for employment, or an offer of employment or further employment by Athenian Nail Spa & Bar, and the compensation and job benefits that Employee has and/or will receive from Athenian Nail Spa & Bar, the benefits of the speedy, impartial, and cost-effective dispute resolution procedure described below, and the mutual promises made by Employee and Athenian Nail Spa & Bar herein, the undersigned Employee hereby agrees to the following:
1. Employee and Athenian Nail Spa & Bar mutually agree that any and all claims or disputes described in paragraph 2 that Employee may have now or in the future with or against Athenian Nail Spa & Bar, any parent or subsidiary of, or any company affiliated with, Athenian Nail Spa & Bar or any of its subsidiaries, and their officers, directors, managers, employees, or agents acting in their capacity as such or otherwise, or that Athenian Nail Spa & Bar may have now or in the future with or against Employee, may be heard by a neutral mediator selected by agreement of Athenian Nail Spa & Bar and the employee in accordance with Athenian Nail Spa & Bar’ Rules for the Resolution of Employment Disputes; and that if voluntary mediation of a dispute by Employee or Athenian Nail Spa & Bar is unsuccessful, or if the Employee or Athenian Nail Spa & Bar do not wish to use the voluntary mediation procedure, the claim or dispute shall be submitted to arbitration and heard and decided by a neutral arbitrator from the AAA's roster of employment dispute arbitrators in accordance with Athenian Nail Spa & Bar’ Rules for the Resolution of Employment Disputes, which are incorporated herein by reference. Athenian Nail Spa & Bar reserves the right to substitute another neutral nationally recognized provider of arbitration service in place of AAA, provided such substitute organization provides neutral panels and administers arbitration subject to rules fair to both parties and substantially similar to the AAA national rules for the resolution of employment disputes.
2. The disputes and claims covered by this Agreement include all claims or controversies, whether or not arising out of employment or termination of employment, that would constitute a cause of action in a court, including but not limited to claims for wages or other compensation due; claims for breach of contract or promise (express or implied); tort claims; claims for discrimination or other employment-related claims; claims for benefits (except where an employee benefit or pension plan specifies that its claims procedure shall result in an arbitration procedure different from this one); and claims for violation of any federal, state, local, or other governmental law, statute, regulation, or ordinance (including but not limited to claims, if any, based on the Civil Rights Act of 1991; Title VII of the Civil Rights Act of 1964; the Civil Rights Act of 1866; the Americans with Disabilities Act; the Rehabilitation Act of 1973; the Age Discrimination in Employment Act; the Older Workers Benefit Protection Act; the Family and Medical Leave Act; the Employee Retirement Income Security Act of 1974; the Equal Pay Act; the Fair Labor Standards Act; the Vietnam Era Veteran's Readjustment Assistance Act; the Uniformed Service Employment and Reemployment Rights Act of 1994; the Worker Adjustment and Retraining Notification Act; the Fair Credit Reporting Act; the Immigration Reform and Control Act of 1986; the Occupational Safety and Health Act of 1970; the Employee Polygraph Protection Act; and any amendments to any of the foregoing, and any other federal, state, or local statute, regulation, ordinance, or common law, including without limitation any law related to discrimination, terms and conditions of employment, or termination of employment, except claims for workers' compensation benefits and unemployment compensation benefits, and claims by Athenian Nail Spa & Bar for injunctions or other types of equitable relief for unfair competition, use or unauthorized disclosure of trade secrets or confidential information, or violations of non-competition agreements as to which Athenian Nail Spa & Bar may seek and obtain relief from the courts. Nothing in this Agreement shall be construed as prohibiting Employee from filing an administrative charge of discrimination, an unfair labor practice, or other alleged violation of law with the Equal Employment Opportunity Commission, the National Labor Relations Board, or any other government agency acting pursuant to federal or state law.
This agreement applies to employment with any entity owned, controlled by or related to Athenian Nail Spa & Bar no matter where located. In the event of a transfer to a facility in another state, this agreement applies to all disputes and claims under all of the relevant statutes and laws of that new state as though they were set out above.
3. The arbitrator's decision shall be final and binding on Employee and Athenian Nail Spa & Bar. Employee and Athenian Nail Spa & Bar acknowledge that arbitration is a substitute for traditional litigation and hereby waive their respective rights to file a private lawsuit and have that suit heard in court by a judge or a jury.
4. Employee's waiver of his/her right to trial by jury and his/her agreement to submit all disputes, including without limitation those arising out of employment or termination of employment, to final and binding arbitration is done voluntarily and knowingly. Employee fully understands that this Agreement precludes Employee from seeking redress in court for a dispute with or against Athenian Nail Spa & Bar.
5. Employee acknowledges and agrees that Athenian Nail Spa & Bar engages in transactions involving interstate commerce and that his/her employment involves such commerce. The parties expressly agree that this Agreement shall be governed by the Federal Arbitration Act.
6. Either party may bring an action in any proper court to require arbitration under this Agreement and to enforce an arbitration award. The arbitrator's decision may be enforced under the terms of the Federal Arbitration Act, and judicial review shall be limited, as provided by law.
7. This Agreement reflects the full and complete agreement between the parties, and any prior negotiations, understandings, explanations or agreements are merged herein. Employee acknowledges and agrees that he/she has not relied on any representations, nor have any representations been made, other than those set forth in this Agreement and Athenian Nail Spa & Bar’ Rules for the Resolution of Employment Disputes, a copy of which is available for Employee's inspection upon request.
8. This Agreement cannot be revoked or modified except by a written agreement of both parties that specifically states an intent to revoke or modify this Agreement and that is signed by the party against whom the enforcement of any revocation or modification is sought. However, Athenian Nail Spa & Bar reserves the right, on ten days written notice, to terminate this arbitration agreement provided that no such termination shall have any effect on any pending arbitration nor shall it apply to any matter which occurred prior to the effective date of the termination.
9. The invalidity of a portion or provision of this Agreement or the Rules for the Resolution of Employment Disputes shall not affect the validity of any other portion or provision. If any portion or provision is found to be invalid or unenforceable, the remainder of the Agreement and the Rules for the Resolution of Employment Disputes shall remain in full force and effect.
10. This Agreement shall survive the termination of Employee's employment and shall apply to any claim or dispute, whether it arises or is asserted before, during or after the Employee's employment with Athenian Nail Spa & Bar.
11. Nothing in this Agreement shall be construed to create any contract of employment, express or implied, or to alter the at-will employment relationship between Employee and Athenian Nail Spa & Bar. Employee retains the right to resign from employment with Athenian Nail Spa & Bar at any time and for any reason, and Athenian Nail Spa & Bar retains the right to terminate Employee's employment at any time and for any reason.
I ACKNOWLEDGE THAT I HAVE CAREFULLY READ THIS AGREEMENT, THAT I UNDERSTAND ITS TERMS, THAT ALL UNDERSTANDINGS AND AGREEMENTS BETWEEN Athenian Nail Spa & Bar AND ME RELATING TO THE SUBJECTS COVERED IN THE AGREEMENT ARE CONTAINED IN IT, AND THAT I HAVE ENTERED INTO THE AGREEMENT VOLUNTARILY AND NOT IN RELIANCE ON ANY PROMISES OR REPRESENTATIONS BY ATHENIAN NAIL SPA & BAR OTHER THAN THOSE CONTAINED IN THIS AGREEMENT ITSELF.