Page 37 - iFLY 2020 - Team Member Handbook
P. 37

DISPUTE RESOLUTION

               In a perfect world, every employment relationship would be smooth and harmonious.
               However, there are, unfortunately, times when Team Members and employers disagree.
               These disagreements often arise in the context of involuntary employment termination, but
               there may be disagreements regarding the right to a promotion, expense reimbursement, or
               on other matters.
               To the extent permitted by applicable law, all Team Members of iFLY agree to first seek to
               mediate any dispute with iFLY with a mediator from the American Arbitration Association or
               similar organization trained and experienced in employment disputes. If mediation is not
               successful, both iFLY and the Team Member agree to submit their dispute to arbitration.
               The arbitrator will be chosen from a panel presented by the American Arbitration
               Association or such other organization as is acceptable to both parties. The cost of the
               arbitrator will be split between iFLY and the Team Member. Each party will be responsible
               for its own attorney or other related fees. Both iFLY and the Team Member acknowledge
               that by agreeing to arbitrate, each gives up its right to litigate their employment dispute in
               court or to submit it to a jury. The decision of the arbitrator is final and binding.

               However, either party may seek a court of competent jurisdiction enforce an arbitration
               award. In addition, iFLY retains the right to seek injunctive or other relief in the case of

               misappropriation of trade secrets or other confidential information, or any other action by an
               Team Member which might reasonably be expected to lead to irreparable harm to iFLY.

               Although we seek to provide a workplace in which all Team Members feel that they are an
               important part of iFLY and where Team Members feel fairly treated, there may be times
               when you have a dispute with a supervisor or iFLY which can best be resolved through a
               formal procedure for dispute resolution. All disputes between any Team Member and iFLY
               are to be resolved in accordance with the following procedure. Please note, however, that
               iFLY reserves the right to modify this procedure at any time and nothing in this procedure
               should be construed to constitute a contract between you and iFLY or to constitute any part
               of a contract between you and iFLY.

               The decision of the arbitrator shall be in writing and the decision is final and binding.
               Arbitration is the exclusive forum for resolution of discipline and termination cases, and both
               iFLY and you waive your right to bring any action in court or to submit such matter to a jury.
               Either party may, however, seek to enforce an arbitrator’s award in a court of competent
               jurisdiction. In addition, iFLY retains the right to seek injunctive or other relief in the case of
               misappropriation of trade secrets or other confidential information, or any other action by a
               Team Member which might reasonably be expected to lead to irreparable harm to iFLY.


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