ARBITRATION AGREEMENT - All States Except California (California Applicants Proceed to Next Section)
Bluegreen encourages the use of open and frank discussion to resolve any difficulties. Bluegreen believes that all too often, protracted and expensive court litigation does not serve the best interests of either party to a dispute. For those disputes that cannot be resolved through informal discussions, whether relating to the hiring process, employment or termination of employment, the Company offers an arbitration procedure designed to facilitate a rapid, less costly, and fair resolution in lieu of a lawsuit. This arbitration system is a significant benefit to employees and to the Company and we are proud to offer it.
In return for Bluegreen’s agreement to arbitrate legal disputes and for considering this application, I agree by signing below that any dispute of a legal nature arising under federal, state, or local law (including any such claim regarding discrimination, harassment, failure to hire, wrongful termination or any other legal dispute related to my employment, application for employment, separation from employment or arising under any labor, employment, civil rights or other employment-related or tort law) between the Company and me will be subject to final and binding arbitration under Bluegreen’s Arbitration Rules. I agree and acknowledge that any claims brought by me or the Company shall only be in an individual capacity and neither I nor the Company can bring claims as a class member in any purported class, collective, or representative proceeding. I understand that the arbitrator, who will serve as judge and jury, has the same authority to award money damages and other relief as does a court or jury, and shall not have any authority to order any class, collective, or representative action. If employed, I agree to execute a more detailed arbitration agreement which would then supplement and/or replace this one.
ARBITRATION AGREEMENT – California Applicants Only:
I agree and acknowledge that the Company and I will utilize binding individual arbitration to resolve all disputes that may arise out of the employment context. Both the Company and I agree that any claim, dispute, and/or controversy that either I may have against the Company (or its owners, directors, officers, managers, associates, agents, and parties affiliated with its associate benefit and health plans) or the Company may have against me, arising from, related to, or having any relationship or connection whatsoever with my seeking employment with, employment by, or other association with the Company shall be submitted to and determined exclusively by binding arbitration under the Federal Arbitration Act, in conformity with the procedures of the California Arbitration Act (“Act”) (Cal. Code Civ. Proc. sec 1280 et seq., including section 1283.05 and all of the Act’s other mandatory and permissive rights to discovery). Included within the scope of this Agreement are all disputes, whether based on tort, contract, statute (including, but not limited to, any claims of discrimination and harassment, whether they be based on the California Fair Employment and Housing Act, Title VII of the Civil Rights Act of 1964, as amended, or any other state or federal law or regulation), equitable law, or otherwise, with exception of claims arising under the National Labor Relations Act which are brought before the National Labor Relations Board, claims for medical and disability benefits under the California Workers’ Compensation Act, Employment Development Department claims, or as otherwise required by state or federal law. However, nothing herein shall prevent me from filing and pursuing proceedings before the California Department of Fair Employment and Housing, or the United States Equal Employment Opportunity Commission (although if I choose to pursue a claim following the exhaustion of such administrative remedies, that claim would be subject to the provisions of this Agreement). I agree that any claims brought under this binding arbitration Agreement shall be brought in the individual capacity of myself or the Company. This binding arbitration Agreement shall not be construed to allow or permit the consolidation or joinder of claims of other claimants, or permit such claims to proceed as a class or collective action. No arbitrator shall have the authority under this agreement to order any such class or collective action. Any dispute regarding the validity, enforceability, scope or enforceability of this Agreement, or concerning the arbitrability of a particular claim, shall be resolved by a court, not by the arbitrator. By signing this agreement, I am agreeing to waive any substantive or procedural rights that I may have to bring or participate in an action brought on a class or collective basis. In addition to any other requirements imposed by law, the arbitrator selected shall be a retired California Superior Court Judge, or otherwise qualified individual to whom the parties mutually agree, and shall be subject to disqualification on the same grounds as would apply to a judge of such court. All rules of pleading (including the right of demurrer), all rules of evidence, all rights to resolution of the dispute by means of motions for summary judgment, judgment on the pleadings, and judgment under Code of Civil Procedure Section 631.8 shall apply and be observed. Resolution of the dispute shall be based solely upon the law governing the claims and defenses pleaded, and the arbitrator may not invoke any basis (including but not limited to, notions of “just cause”) other than such controlling law. The arbitrator shall have the immunity of a judicial officer from civil liability when acting in the capacity of an arbitrator, which immunity supplements any other existing immunity. Likewise, all communications during or in connection with the arbitration proceedings are privileged in accordance with Cal. Civil Code Section 47(b). As reasonably required to allow full use and benefit of this agreement’s modifications to the Act’s procedures, the arbitrator shall extend the times set by the Act for the giving of notices and setting of hearings. Awards shall include the arbitrator’s written reasoned opinion. I understand and agree to this binding arbitration provision, and both I and the Company give up our right to trial by jury of any claim I or the Company may have against each other.