ARBITRATION AGREEMENT
I, the undersigned applicant, and Hester Decorating Co, Inc.,(the company) for and on behalf of itself and all of its employees, mutually agree that in consideration of the company entertaining this application and other consideration that all claims, dispute, differences and controversies between myself and the Company or the Company and me, shall exclusively be resolved and settled through final and binding arbitration. Such claims shall include, but are not limited to employment, civil rights, discrimination and retaliation claims. Arbitration shall exclusively be conducted and administered by the American Arbitration Association and its National Rules for the Resolution of Employment Disputes. The arbitrator may reallocate any administrative fee or cost applicable to the employee under these rules upon a showing by the employee that the cost or administrative fee imposes a prohibitive cost on said employee. The arbitrators shall have the sole and exclusive right to decide and determine all issues of arbitrability and jurisdiction. The parties stipulate and agree that all arbitrations shall be pursuant to the Federal Arbitration Act, and any claim to a right of trial by jury and appeal is waived and judgment upon an Award may be entered in any court. The parties agree that any party who files a judicial or administrative action asserting claims subject to this agreement, and if the other party successfully stays such action or compels arbitration of such claims, the party filing such action shall pay the other party’s costs and attorney’s fees incurred in seeking such stay and/or compelling arbitration. Should one or more of the provisions of this Agreement be found to be invalid, illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions contained in this Agreement will not be affected. I state that I have been given enough time to read the provisions of this Agreement and to ask questions.
OTHER AGREEMENTS
I hereby certify that the information provided in this application and in any accompanying materials is true and complete, and that there is no misrepresentation or falsification in any of the statements or answers to questions. I agree that if investigation discloses any misrepresentation or falsification, such disclosure will constitute grounds for rejection of application or immediate dismissal from employment.
I hereby consent to and authorize any of my former employers to furnish any and all relevant information concerning my previous employment record. In addition, I consent to and authorize the educational institutions that I attended to furnish any and all relevant information concerning my educational background.
I release all parties concerned with any request for information from all claims, liability, and damages for whatever reason arising out of furnishing this information. If employed, I agree that Hester Painting & Decorating may provide references in the future regarding my work history while in their employ.
I understand that my employment is contingent upon providing proof of employment eligibility and identity and I will present the necessary documents when asked.
A photocopy of this release shall have the same effect as the original.
I have read and understand all the requirements on this application, including the obligation to resolve disputes through binding arbitration.
