JOB APPLICATION AGREEMENT TO ARBITRATION OF
EMPLOYMENT-RELATED DISPUTES
Your potential Employer ("signatory company" or "Company") has entered into an agreement with Employment Dispute
Services, Inc. (EDSI) to arbitrate and resolve any and all employment-related disputes between the company's employees (and job
applicants) and the Company under EDSI's program. The following Agreement between you and EDSI is a "selection of forum"
agreement by which you agree that employment-related disputes between you and the Company shall be resolved through arbitration.
Any arbitration matter shall be heard and decided under the provisions and the authority of the Federal Arbitration Act, 9 USC sec. 1, as
applicable.
The purpose of this agreement is to provide you and the Company a forum in which claims or disputes with the Company and
any other signatories may be resolved by arbitration rather than litigation. This Agreement does not restrict you from filing a claim or
charge with any state or federal agency, for example, Equal Employment Opportunity Commission, state unemployment agency, state
workers' compensation commission, where applicable. Rather, the Agreement applies only to state or federal court proceedings.
A. Acceptance of EDSI Agreement
Important aspects of your acceptance of this Agreement are:
1. You retain all the substantive legal rights and remedies under state and federal law that you would otherwise have
as an employee/applicant of the Company, and neither you nor the Company will have any additional substantive legal rights or remedies;
2. YOU WAIVE ANY RIGHT ARISING UNDER EITHER STATE OR FEDERAL LAW TO HAVE YOUR CLAIM
RESOLVED BY A JURY. RATHER, ANY CLAIM YOU MAY FILE WILL BE FINALLY RESOLVED BY A PANEL OF THREE NEUTRAL
ARBITRATORS.
3. You retain the right to file a claim or charge with any state or federal agency that would otherwise handle your
claim or charge;
4. Except as to claims or charges finally resolved within a state or federal agency, you and the Company agree to
use EDSI to resolve legal claims concerning you that either party would otherwise bring in state or federal court;
5. An EDSI decision on any dispute shall be FINAL AND BINDING on all parties.
B. Agreement
1. In consideration of my execution of this Agreement and consent to the terms herein, EDSI agrees to
provide an
unbiased
arbitration forum, impartial Rules and Procedures, and a fair hearing and decision based on my claim or dispute I
(employee/job applicant) may file or defend. Further, I acknowledge that by agreeing to resolve any future employment-related claims
through arbitration rather than litigation, EDSI agrees to provide through its arbitral forum the additional benefits of a substantially
quicker, less burdensome and less expensive procedure for resolution of my claims as compared to typical litigation in state or federal
court.
2. In consideration of my receipt of the benefits set forth above in Paragraph 1, I understand and agree to the
following:
A. Any employment-related dispute between the Company, me and/or other signatories which would otherwise be
brought in state or federal court will be brought ONLY in the EDSI arbitration forum and under EDSI Rules and Procedures. (Other
signatories to the same Agreement with EDSI may be, for example, supervisors, managers, and agents of the Company.) I consent to
allow EDSI to amend the applicable Rules and Procedures from time to time, at its discretion, in order to insure its ability to meet its
obligations set forth in Paragraph 1 of this section. However, should the EDSI Rules and Procedures be amended, I shall have the right to
choose to have my employment-related dispute resolved under the Rules and Procedures that are in effect on the date I sign this
Agreement or the Rules and Procedures in effect on the date I file a claim with EDSI. I agree that except as to claims or charges finally
resolved within a state or federal agency, any and all disputes I may have with the Company, or its officers, managers, or agents, or that
the Company, its supervisors, managers or other agents may have with me which would otherwise be decided in court, shall be resolved
only through arbitration in the EDSI forum and NOT THROUGH LITIGATION IN STATE OR FEDERAL COURT.
B. The decision of an EDSI arbitration panel is final and binding on all parties. There is no appeal by any party to
either state or federal court except as provided under the provisions of the Federal Arbitration Act.
C. This agreement is with EDSI, not with the Company, and is not, nor is intended to be, an employment contract or
any part of an employment contract. This agreement does not affect or alter my "at will" employment relationship with the Company.
D. The Company and any other successor or assign, its signatory supervisors, managers and other agents,
are "third party beneficiaries" of my agreement with EDSI, and I am a "third party beneficiary" of others' agreements with EDSI. A "third
party beneficiary" is someone who benefits legally from a contract between two other parties.
E. I understand that I must use the EDSI forum for any and all employment-related disputes and/or claims and/or
related tort claims I may have against the Company and all other signatories to this Agreement which could otherwise be brought in
court, even if the agreement has been terminated since the date the claim arose. I understand that a claim is deemed to arise on the
date the conduct giving rise to the claim is alleged to have occurred. In South Carolina and Texas this Agreement shall apply to personal
