Agreement to Arbitrate All Disputes. To ensure the timely and economical resolution of disputes that may arise between Executive and the Company, both Executive and the Company mutually agree that pursuant to the Federal Arbitration Act, 9 U.S.C. §1-16, and to the fullest extent permitted by applicable law, they will submit solely to final, binding and confidential arbitration any and all disputes, claims, or causes of action arising from or relating to: (i) the negotiation, execution, interpretation, performance, breach or enforcement of this Agreement; or (ii) Executive’s employment with the Company (including but not limited to all statutory claims); or (iii) the termination of Executive’s employment with the Company (including but not limited to all statutory claims). BY AGREEING TO THIS ARBITRATION PROCEDURE, BOTH EXECUTIVE AND THE COMPANY WAIVE THE RIGHT TO RESOLVE ANY SUCH DISPUTES THROUGH A TRIAL BY JURY OR JUDGE OR THROUGH AN ADMINISTRATIVE PROCEEDING.
Agreement to Arbitrate All Disputes. A. Any dispute arising out of, or in connection with, this DISCLOSURE FORM and AGREEMENT, shall be resolved by final and binding arbitration, conducted in [state name of CLIENT’s state] under the rules of the American Arbitration Association.
B. The parties shall in good faith attempt to mutually agree upon an arbitrator, within thirty (30) days of the filing of an arbitration request by either party. If the parties are unable to reach such agreement, each party shall select one arbitrator, and the two arbitrators thus selected shall select a third arbitrator.
C. Any judgment upon any award rendered by an arbitrator or arbitration panel may be entered by any state or federal court having jurisdiction to do so.
D. Each party shall bear its own legal fees and expenses in connection with any arbitration, unless the arbitrator or arbitration panel finds that CONSULTING FIRM failed to accurately disclose, or misrepresented or omitted facts from this DISCLOSURE FORM and AGREEMENT, or breached any agreement herein, in which case CONSULTING FIRM shall pay CLIENT’s legal fees and expenses arising from the arbitration.
Agreement to Arbitrate All Disputes. To ensure the timely and economical resolution of disputes that may arise between Consultant and Castle, both Consultant and Castle mutually agree that pursuant to the Federal Arbitration Act, 9 U.S.C. §1-16, and to the fullest extent permitted by applicable law, Consultant and Castle will submit solely to final, binding and confidential arbitration any and all disputes, claims, or causes of action arising from or relating to: (i) the negotiation, execution, interpretation, performance, breach or enforcement of this Agreement; or (ii) Consultant’s relationship with Castle (including but not limited to all statutory claims); or (iii) the termination of Consultant’s relationship with Castle (including but not limited to all statutory claims). BY AGREEING TO THIS ARBITRATION PROCEDURE, BOTH CONSULTANT AND CASTLE WAIVE THE RIGHT TO RESOLVE ANY SUCH DISPUTES THROUGH A TRIAL BY JURY OR JUDGE OR THROUGH AN ADMINISTRATIVE PROCEEDING. The arbitrator shall have the sole and exclusive authority to determine whether a dispute, claim or cause of action is subject to arbitration under this Section and to determine any procedural questions which grow out of such disputes, claims or causes of action and bear on their final disposition. All claims, disputes, or causes of action under this Section, whether by Consultant or Castle, must be brought solely in an individual capacity, and Service Agreement – Xxxxxxxx X. Xxxxxx, M.D. Date: 5/29/2020 Page 5 of 9 shall not be brought as a plaintiff (or claimant) or class member in any purported class or representative proceeding, nor joined or consolidated with the claims of any other person or entity. The arbitrator may not consolidate the claims of more than one person or entity, and may not preside over any form of representative or class proceeding. To the extent that the preceding sentences in this paragraph are found to violate applicable law or are otherwise found unenforceable, any claim(s) alleged or brought on behalf of a class shall proceed in a court of law rather than by arbitration. Any arbitration proceeding under this Section shall be presided over by a single arbitrator and conducted by JAMS, Inc. (“JAMS”) or its successor, under the then applicable JAMS Comprehensive Arbitration Rules & Procedures available upon request and also currently available at xxxxx://xxx.xxxxxxx.xxx/rules-comprehensive-arbitration/). Consultant and Castle both have the right to be represented by legal counsel at any arbitration proceeding...
Agreement to Arbitrate All Disputes. IN THE EVENT OF ANY DISPUTE (OTHER THAN ONE FILED IN A COURT THAT IS LIMITED TO ADJUDICATING SMALL CLAIMS) BETWEEN YOU AND LAF (“LAF” AS USED IN THIS PROVISION INCLUDES LAF, ITS OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS), YOU AND LAF CONSENT TO ARBITRATE THAT DISPUTE BEFORE A SINGLE ARBITRATOR UNDER THE THEN CURRENT RULES OF THE AMERICAN ARBITRATION ASSOCIATION IN A LOCATION NEAR YOUR LAF CLUB, RATHER THAN LITIGATE THE DISPUTE IN COURT. YOU AND LAF ALSO AGREE THAT THE FEDERAL ARBITRATION ACT GOVERNS THE ARBITRABILITY OF ALL DISPUTES BETWEEN YOU AND LAF. IF YOU DO NOT WANT TO BE BOUND BY THIS ARBITRATION PROVISION, YOU MUST NOTIFY LAF IN WRITING, BY MAIL TO LAF AT X.X. XXX 00000, XXXXXX, XX 00000, WITHIN 30 DAYS OF THE DATE YOU FIRST RECEIVE THIS AGREEMENT, STATING YOU DO NOT WANT TO RESOLVE DISPUTES WITH LAF BY ARBITRATION. IN ADDITION, YOU AGREE NOT TO PARTICIPATE IN A CLASS ACTION, A CLASS-WIDE ARBITRATION, CLAIMS BROUGHT IN A REPRESENTATIVE CAPACITY, OR CONSOLIDATED CLAIMS INVOLVING ANOTHER PERSON’S ACCOUNT, IF LAF IS A PARTY TO THE PROCEEDING. THE ARBITRATOR SHALL INTERPRET AND DETERMINE THE VALIDITY OF THE ARBITRATION PROVISION, INCLUDING UNCONSCIONABILITY. Client Alternative Performance; Voluntary Termination: Client may voluntarily terminate this Agreement at any time by doing the following: 1) giving LAF five (5) days’ written notice of cancellation to be sent by certified mail, return receipt requested; and 2) paying a fee equal to 50% of the remaining balance at the time of such notice, in addition to any and all fees incurred, including, but not limited to, any late fees, return fees, collection fees, etc. Health Questionnaire Not Medical Advice: Client acknowledges that LAF does not diagnose health problems, does not provide medical advice nor a substitute for medical attention and LAF has advised Client to discuss the appropriateness of the Services with Client’s doctor. The LAF Health Questionnaire (given to Client) is nothing more than guidance for deciding Client’s goals. The fact that LAF agrees to provide the Services to Client based on the questionnaire and Client’s representations is not a medical judgment that Client is medically, physically or mentally able to receive the Services. The Services should not replace any dietary restrictions or medical recommendations from Client’s doctor. If Client has a history of heart disease, he should consult a physician before joining a spa.
Agreement to Arbitrate All Disputes. This is a voluntary Agreement by the Parties to have all disputes resolved through binding arbitration. Arbitration is an out-of-court alternate form of dispute resolution, decided by an impartial third party. Arbitration is different from traditional litigation in the court system, which has a judge, sometimes a jury, and trial. In the event of any dispute or controversy between the Parties, including those arising out of the diagnosis, treatment, or care of the Resident by the Facility, the dispute or controversy shall be submitted to binding arbitration.
Agreement to Arbitrate All Disputes a. You and the Company agree that all disputes and claims between you and the Company shall be settled by binding arbitration instead of in courts of general jurisdiction. This agreement to arbitrate is intended to be broadly interpreted and includes, but is not limited to any dispute, claim or controversy arising out of or relating in any way to the Services, the Company software, the MedOfficePro website, the Agreement or any aspect of the relationship between you and the Company. You agree that, by agreeing to the Agreement, the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you and Company are each waiving the right to a trial by jury or to participate in a class action. Notwithstanding the foregoing, either party may bring an individual action in small claims court. This arbitration provision does not preclude you from bringing issues to the attention of federal, state, or local agencies, including, for example, the Federal Communications Commission. Such agencies can, if the law allows, seek relief against the Company on your behalf. This arbitration provision shall survive termination of this Agreement and the termination of your account.
b. A party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute (“Notice”). The Notice to the Company should be addressed to: 0000 Xxxxxx Xxx., Suite 225, Cumming, GA 30041. The Notice must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”). If the Company and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or the Company may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by the Company or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or the Company is entitled. You may download or copy a form Notice and a form to initiate arbitration at xxx.xxx.xxx. If you are required to pay a filing fee, after the Company receives notice at the Notice Address that you have commenced arbitration, it will promptly reimburse you for your payment of the filing fee, unless your claim is for greater than $10,000.
c. The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbi...
Agreement to Arbitrate All Disputes. To ensure the timely and economical resolution of disputes that may arise between Executive and the Company, both Executive and the Company mutually agree that pursuant to the Federal Arbitration Act, 9 U.S.C. §1-16, and to the fullest extent permitted by applicable law, they will submit solely to final, binding and confidential arbitration any and all disputes, claims, or causes of action arising from or relating to: (i) the negotiation, execution, interpretation, performance, breach or enforcement of this Agreement; or
Agreement to Arbitrate All Disputes. This Section 11(f) shall apply if the Customer is located in the United States (as determined by the address on the Customer’s Services Agreements):
i. The Parties agree that all disputes and claims between the Parties shall be settled by binding arbitration instead of in courts of general jurisdiction. This agreement to arbitrate is intended to be broadly interpreted and includes any dispute, claim or controversy arising out of or relating in any way to the Services, this Agreement or any aspect of the relationship between the Parties. The Parties agree that, by agreeing to this Agreement, the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision. THE PARTIES ARE EACH WAIVING THE RIGHT TO A TRIAL BYJURY OR TO PARTICIPATE IN A CLASS ACTION. Notwithstanding the foregoing, either party may bring an individual action in small claims court. This arbitration provision shall survive termination of this Agreement.
ii. A Party who intends to seek arbitration must first send to the other Party, by certified mail, a written Notice of Dispute (“Notice”) to the other Party’s notice address determined in accordance with Section 11(i). The Notice must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought. If the Parties do not reach an agreement to resolve the claim within 30 days after the Notice is received, the Party seeking arbitration may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by either Party shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which each Party is entitled. Customer may download or copy a form Notice and a form to initiate arbitration at xxx.xxx.xxx.
iii. The arbitration will be administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules, as amended at the time the arbitration is initiated (collectively, “AAA Rules”). The AAA Rules and Forms are available online at xxx.xxx.xxx. The arbitrator is bound by the terms of this Agreement. All issues are for the arbitrator to decide, including issues relating to the scope and enforceability of this arbitration provision. Unless the Parties agree otherwise, any arbitration hearings will take place by video or telephone conference. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain ...
Agreement to Arbitrate All Disputes. Private arbitration is the referral of a dispute to an impartial third party instead of a court or jury for a final and binding decision. Any dispute arising out of your employment or other relations with the Company, including termination of employment, including statutory claims, will be submitted to binding arbitration pursuant to the Federal Arbitration Act to the fullest extent permitted by law. The Company and you each expressly waive entitlement, if any, to have any such controversy heard before a court or a jury.
Agreement to Arbitrate All Disputes. To ensure the timely and economical resolution of disputes that may arise between Consultant and Client, both Consultant and Client mutually agree that pursuant to the Federal Arbitration Act, 9 U.S.C. §1-16, and to the fullest extent permitted by applicable law, Consultant and Client will submit solely to final, binding and confidential arbitration any and all disputes, claims, or causes of action arising from or relating to: (i) the negotiation, execution, interpretation, performance, breach or enforcement of this Agreement; or (ii) Consultant’s relationship with Client (including but not limited to all statutory claims); or (iii) the termination of Consultant’s relationship with Client (including but not limited to all statutory claims). BY AGREEING TO THIS ARBITRATION PROCEDURE, BOTH CONSULTANT AND CLIENT WAIVE THE RIGHT TO RESOLVE ANY SUCH DISPUTES THROUGH A TRIAL BY JURY OR JUDGE OR THROUGH AN ADMINISTRATIVE PROCEEDING.
