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This Mutual Arbitration Agreement (the “Agreement”) is a contract agreed upon by (“Volunteer”) and Operation BBQ Relief (“OBR”), a Missouri nonprofit corporation with its principal place of business at 22720 Joe Holt Parkway, Peculiar, MO 64078 (individually, each a “Party” and together, the “Parties”). This Agreement cannot be changed unilaterally by either party. Any arbitration requested under this Agreement will be administered by the American Arbitration Association (“AAA”) and conducted under AAA’s Arbitration Rules, except as modified by this Agreement. OBR will pay the Arbitrator fees and the costs charged by AAA.
Volunteer enters into the Agreement with the intention of binding Volunteer, Volunteer’s heirs, and Volunteer’s personal representatives. OBR enters into the Agreement with the intention of binding OBR, OBR’s officers, directors, employees, agents, successors, and assigns.
The Arbitrator shall be an independent, neutral and licensed attorney selected from a list of all attorney members of the AAA Regional Employment Dispute Resolution Roster or any successor comparable AAA Roster that AAA uses for the geographical area that includes the State of Missouri, who are: (1) former federal court judges and magistrates or former state court judges in appellate courts or trial courts of full general jurisdiction (which does not include municipal courts or “private judges”); or (2) lawyers who have practiced law and/or served as Arbitrators in the relevant field for at least 15 years and are rated “AV” by Martindale-Hubbell. OBR first and then the other party shall in turn alternately strike one name from the list of qualified arbitrators until there is only one name remaining, who shall be the Arbitrator. In any case, the parties may agree on a mutually acceptable Arbitrator, and bypass the AAA arbitration selection and administration process.
Any Volunteer who wishes to assert a claim under this Agreement must submit a written request for arbitration by Certified Mail/Return Receipt Requested to OBR, 22720 Joe Holt Parkway, Peculiar, MO 64078, within the time period established by the applicable statute of limitations under the applicable law. If OBR wishes to assert a claim against the Volunteer under this Agreement, it also must submit such a written request for arbitration with supporting documentation to Volunteer by Certified Mail/Return Receipt requested to the address provided to OBR by Volunteer during the volunteer registration process within the time period established by the applicable statute of limitations under the applicable law. All claims are waived if either Party fails to submit a timely and proper written request for arbitration, unless there are valid legal grounds to excuse the failure.
All claims must be asserted, heard and resolved on a single party basis, unless otherwise agreed to in a signed writing by all Parties to this Agreement. All related claims by any Party must be asserted in the same arbitration or the unasserted claims are forever waived. Claims by multiple parties may not be joined together in the same arbitration. A Party asserting a claim may not assert claims on behalf other people or parties, or as a class action or collective action either in court or under this Agreement, and a party may not have a claim asserted on his or her behalf by another person or party as a class representative or otherwise.
This Agreement covers all legal claims, except for claims specifically excluded in this Agreement, arising out of or relating to Volunteer’s volunteerism, volunteering, volunteer services, volunteer activities, and volunteering, Volunteer’s volunteer registration, and any and all interactions between Volunteer and OBR.
The claims covered by this Agreement include any and all possible claims or legal action under any and all applicable laws, rules, and regulations. These include, but are not limited to, the following types of claims provided herein only as examples and not a comprehensive list: wrongful discharge under statutory law or common law; discrimination, retaliation, sexual, or other harassment based on federal, state or local law, ordinance or governmental regulations; retaliatory discharge or other unlawful retaliatory action; overtime or other compensation disputes; leave of absence disputes; any and all tort claims including but not limited to claims of injury, illness, and wrongful death; negligence and gross negligence, and willful and wanton conduct; defamation and slander; violation of public policy; breach of contract; intellectual property claims; and all other statutory or common law claims.
This Agreement includes all claims by Volunteer against any OBR employee, officer, director, volunteer, or independent contractor, so long as any such claim arose from, is related to, or is within the scope of their OBR duties, obligations and/or actions.
The only claims excluded from this Agreement are claims for equitable relief, workers’ compensation benefits, unemployment compensation benefits, ERISA-related benefits provided under an OBR sponsored benefit plan, or claims filed with the National Labor Relations Board. This Agreement does not prevent or discourage anyone from lawfully filing and pursuing an appropriate administrative proceeding before the Equal Employment Opportunity Commission or other federal, state or local administrative agency; however, if any Party to this Agreement chooses to pursue a legal claim in addition to and/or following completion of such administrative proceedings, or if there is some other legal proceeding related to the claim following completion of the administrative proceedings, the claim then shall be subject to the terms of this Agreement.
IS A BINDING ARBITRATION AGREEMENT WHICH MAY BE ENFORCED BY EITHER PARTY AS A CONTRACT WHICH WAIVES THE RIGHT TO JUDGE OR JURY TRIAL BY ALL PARTIES.
I understand, acknowledge and agree that (i) this Agreement contains the full and complete agreement between OBR and Volunteer regarding dispute resolution between the Parties, (ii) the terms of this Agreement are contractual and not merely a recital, (iii) this Agreement supersedes any and all prior written or oral agreements and representations between OBR and I concerning dispute resolution and the subject matter of this Agreement, (iv) any changes to this Agreement shall be valid only if set forth in writing and signed by all the Parties to be bound, (v) this Agreement is binding upon Volunteer and OBR and each of their respective heirs and personal representatives, (vi) this Agreement shall be interpreted and enforced in accordance with the substantive laws and procedural rules of the State of Missouri, (vii) if any part of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect, and (viii) the provisions of this Agreement will remain in issue and in full force and effect even after Volunteer’s participation in volunteer activities ends.
Volunteer acknowledges that Volunteer is 18 years of age or older and competent to enter into this Mutual Arbitration Agreement.