Common use of Waiver of Right to Court or Jury Trial and for Class Action Relief Clause in Contracts

Waiver of Right to Court or Jury Trial and for Class Action Relief. The Company and Employee agree to give up their respective rights to have the above-mentioned claims decided in a court of law before a judge or jury or by administrative proceeding, and instead are accepting and agreeing to the use of final and binding arbitration. The sole exception to the foregoing is a hearing before the California Labor Commissioner on a claim for unpaid wages; however, any subsequent proceeding resulting from such a hearing that would otherwise be heard in a court of law, including any challenge or appeal of a decision rendered in such hearing, is subject to this Agreement and must be arbitrated. Employee also agrees and understands that Employee waives any right to bring claims as a class representative, or as a member of a collective action, and that any claims that Employee may bring must be brought solely in the Employee’s individual capacity.

Appears in 9 contracts

Samples: Employment Agreement (ProSomnus, Inc.), Employment Agreement (ProSomnus, Inc.), Employment Agreement (ProSomnus, Inc.)

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Waiver of Right to Court or Jury Trial and for Class Action Relief. The Company and Employee agree to give up their respective rights to have the above-mentioned claims decided in a court of law before a judge or jury or by administrative proceeding, and instead are accepting and agreeing to the use of final and binding arbitration. The sole exception to the foregoing (for California-based employees) is a hearing before the California Labor Commissioner on a claim for unpaid wages; however, any subsequent proceeding resulting from such a hearing that would otherwise be heard in a court of law, including any challenge or appeal of a decision rendered in such hearing, is subject to this Agreement and must be arbitrated. Employee also agrees and understands that Employee waives any right to bring claims as a class representative, or as a member of a collective action, and that any claims that Employee may bring must be brought solely in the Employee’s individual capacity.

Appears in 3 contracts

Samples: Employment Agreement (Inhibrx Biosciences, Inc.), Employment Agreement (Inhibrx Biosciences, Inc.), Employment Agreement (Inhibrx Biosciences, Inc.)

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Waiver of Right to Court or Jury Trial and for Class Action Relief. The Company and Employee agree to give up their respective rights to have the above-mentioned claims decided in a court of law before a judge or jury or by administrative proceeding, and instead are accepting and agreeing to the use of final and binding arbitration. The sole exception to the foregoing is a hearing before the California Labor Commissioner on a claim for unpaid wageswages to the extent such agency has jurisdiction; however, any subsequent proceeding resulting from such a hearing that would otherwise be heard in a court of law, including any challenge or appeal of a decision rendered in such hearing, is subject to this Agreement and must be arbitrated. Employee also agrees and understands that Employee waives any right to bring claims as a class representative, or as a member of a collective action, and that any claims that Employee may bring must be brought solely in the Employee’s individual capacity.

Appears in 1 contract

Samples: Employment Agreement (Eyenovia, Inc.)

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