Arbitration of Disputes. I acknowledge that Ridgewood Country Club (the “Club”) promotes a system of alternative dispute resolution that involves
binding arbitration to resolve all disputes that may arise out of the employment and application context. Because of the mutual benefits (such as
reduced expense and increased efficiency) that private binding arbitration can provide, I agree that any claim, dispute, and/or controversy (including,
but not limited to, any claims of discrimination and harassment, whether they be based on state law, Title VII of the Civil Rights Act of 1964, as
amended, or any other state or federal laws or regulations) that I or the Club may have against the other shall be submitted to and determined
exclusively by binding arbitration under the Texas Arbitration Act, in conformity with the procedures set forth therein and any other applicable statutes.
This specifically includes any claim, including participation as a class representative or class member in any claim, arising from, related to, or having
any relationship or connection whatsoever with my seeking employment with, employment by, termination of employment, or other association with
the Club, whether based on tort, contract, statutory law, equitable law, or otherwise. By agreeing to this mandatory, binding Arbitration Agreement, I
also agree to give up any right that I may have to class arbitration, multi-party claims or the consolidation of individual arbitration claims.
Claims Excepted From Binding Arbitration. The sole exceptions to mandatory arbitration are claims arising under the National Labor Relations Act
that are brought before the National Labor Relations Board, claims for medical and disability benefits under Workers’ Compensation, Unemployment
Compensation claims filed with the state, and any claims or disputes arising out of any other written contract(s) between me and the Club where the
contract specifically provides for resolution through the courts. I understand that nothing herein shall prevent me from filing and pursuing administrative
proceedings only before the U.S. Equal Employment Opportunity Commission or an equivalent state agency (although if I choose to pursue a claim
following the exhaustion of such administrative remedies, that claim would be subject to mandatory arbitration).
Rules of Arbitration. In addition to requirements imposed by law, any arbitrator shall be a retired state or federal court judge, or licensed attorney with
arbitration experience, as mutually agreed to by the parties, and shall be subject to disqualification on the same grounds as would apply to a judge of
a court of competent jurisdiction. The arbitrator shall follow controlling law and issue a decision in writing within 30 days of the arbitration hearing with
a supporting opinion based on applicable law. The arbitrator shall apply all statutes of limitation applicable to any dispute. The arbitrator shall apply
the Texas Rules of Civil Procedure and Texas Rules of Evidence in any arbitration.
Any arbitration will take place in Waco, Texas, and a single arbitrator shall be selected from such city. The arbitrator shall determine the merits of such
dispute brought by me or the Club. If there is a dispute as to whether a claim is subject to arbitration, the arbitrator shall have the authority to make
that decision.
Waiver of Jury Trial. I UNDERSTAND AND AGREE THAT BY AGREEING TO BINDING ARBITRATION, BOTH I AND THE CLUB GIVE UP THE
RIGHT TO TRIAL BY JURY OF ANY CLAIM EITHER MAY HAVE AGAINST THE OTHER, EXCEPT AS EXPRESSLY PROVIDED HEREIN. |