As a condition of consideration for employment with Fitness International, LLC, you must read and sign the following agreement (the “Agreement”). Included with this Agreement are the
Dispute Resolution Rules and Procedures(This link will open in a new window)
(Click on link to view). You should familiarize yourself with these rules and procedures prior to signing the Agreement. If the Rules and Procedures are not attached with this Agreement, you must request a copy from an Fitness International, LLC, representative prior to signing the Agreement. You will note that if you sign at this time, you do have seven (7) days to withdraw your consent, which will necessarily withdraw your application/employment with us as well.
FITNESS INTERNATIONAL, LLC DISPUTE RESOLUTION AGREEMENT
I recognize that differences possibly may arise between me and Fitness International, LLC including its employees, agents, officers, related companies, affiliates and all persons acting by and through them (hereafter “Company”) during the application process or my employment with Fitness International, LLC. I recognize that it is in the interest of both Fitness International, LLC, and me that disputes be resolved in a manner that is fair, private, expeditious, economical, final and less burdensome or adversarial than court litigation. Therefore, the Company and I mutually consent to the resolution by arbitration of all claims or controversies described below, past, present, or future, whether or not arising out of or related to my application, employment, or its termination, that the Company may have against me or that I may have against the Company, its officers, directors, employees or agents, including all parent, subsidiary and affiliated entities, as well as their successors and assigns.
By way of example only, such claims include claims under federal, state and local statutory or common law, such as the Age Discrimination in Employment Act, Title VII of the Civil Rights Act of 1964, as amended, the Americans with Disabilities Act, the Fair Labor Standards Act, the Family Medical Leave Act, the Uniformed Services Employment and Reemployment Rights Act, the law of contract and law of tort. I further understand that I still may file administrative charges with the Equal Employment Opportunity Commission or similar federal, state or local agency, but that upon receipt of a right-to-sue letter or similar administrative determination, I shall arbitrate any claim that I may have against Fitness International, LLC.
I understand that if I do file a lawsuit regarding a dispute arising out of or relating to my candidacy for employment, employment (including its terms or compensation), or the cessation of employment, Fitness International, LLC, may use this Agreement to request the court to dismiss the lawsuit and require me instead to use arbitration pursuant to the Federal Arbitration Act, including, but not limited to, 9 U.S.C. § 9.
I understand that the only exceptions to our mutual agreement to arbitrate are: (1) I still may exercise my rights under the National Labor Relations Act and file charges with the National Labor Relations Board; (2) claims for workers’ compensation and unemployment compensation benefits are not covered by this Agreement; (3) claims by either party for injunctive relief pending arbitration as provided by applicable state law; (4) claims that would not be actionable in a court of law; and (5) claims that could be brought in small claims court (or its equivalent) in the state in which I am employed.
I understand that I must file a claim for arbitration within (i) one year of the day on which I know or, through reasonable diligence, should have known of the facts giving rise to my claim, or (ii) the applicable limitations period, whichever occurs later.
I further understand and agree that any arbitration under this Agreement, will be conducted in accordance with the “Dispute Resolution Rules and Procedures.” I further understand that all claims I bring must be brought only in my individual capacity and not as a plaintiff or class member in any purported class or representative proceeding.
This Dispute Resolution Agreement and the Dispute Resolution Rules and Procedures affect your legal rights. You may wish to seek legal advice before signing this Dispute Resolution Agreement.
I have read this Agreement and understand that I should read the Dispute Resolution Rules and Procedures. I understand that I may withdraw my consent to this Agreement within seven (7) days from the date on which I sign below by notifying the Human Resources Department in writing that I am withdrawing my application for employment at Fitness International, LLC. The notification must be hand delivered or mailed to the following address and postmarked on or before the seventh day from the date on which I signed:
Fitness International, LLC
Human Resources Department
P.O. BOX 51300
Irvine, CA 92619
I understand that by so notifying the Human Resources Department, I will not be bound to this Agreement and that I no longer will be eligible for employment at Fitness International, LLC. I recognize that if I sign the Agreement and do not withdraw within seven days of signing, I will be required to arbitrate all claims which I may have against Fitness International, LLC, whether or not I become employed by Fitness International, LLC.
I further understand that Fitness International, LLC’s offer of employment and my employment itself is conditioned on my signing this Agreement and I hereby agree as a condition of continued employment to sign this Agreement on request if I have begun my employment without having first signed.
I AGREE AND ACKNOWLEDGE RECEIPT OF THE DISPUTE RESOLUTION RULES AND PROCEDURES.
I AGREE THAT I WILL RESOLVE ANY AND ALL CLAIMS OR CONTROVERSIES BETWEEN ME AND FITNESS INTERNATIONAL, LLC, EXCLUSIVELY BY FINAL AND BINDING ARBITRATION IN MY INDIVIDUAL CAPACITY BEFORE A NEUTRAL ARBITRATOR INSTEAD OF ANY COURT ACTION OR JURY TRIAL WHICH I HEREBY EXPRESSLY FOREVER GIVE UP: