I ACKNOWLEDGE THAT I HAVE CAREFULLY READ ALL 4 PAGES OF THIS AGREEMENT, THAT I UNDERSTAND
ITS TERMS, AND THAT I HAVE ENTERED INTO IT VOLUNTARILY. I UNDERSTAND THAT BY SIGNING THIS
AGREEMENT, I AM GIVING UP MY RIGHT TO A JURY TRIAL.
IF I AM UNDER THE AGE OF 18 (OR IF A RESIDENT OF A STATE IN WHICH THE AGE OF MAJORITY IS 19,
THEN UNDER THE AGE OF 19), I REPRESENT TO WAFFLE HOUSE THAT THE PERSON IDENTIFIED BELOW
AS MY PARENT OR LEGAL GUARDIAN IS MY PARENT OR LEGAL GUARDIAN.
DATE OF AGREEMENT
EMPLOYEE WAFFLE HOUSE FRANCHISEE
Signature: By:
Print Name: Title:
Social Security #:
Unit # (if applicable):
Witness:
Print Name:
If the employee is under the age of 18 (or if a resident of a state in which the age of majority is 19, then under the age
of 19) when the employee signs this Agreement, the notarized signature of the employee's parent or legal guardian
is required:
Parent / Legal Guardian:
Print Name:
STATE OF __________ COUNTY OF __________
Before me, a Notary Public, in and for said County and State, personally appeared
the above-named Parent or Legal Guardian and acknowledges the execution of the
foregoing as his or her free and voluntary act and deed for the use and purposes
mentioned herein.
WITNESS my hand and seal, this _____ day of _______________, 20____.
___________________________________________
NOTARY PUBLIC
___________________________________________
PRINTED NAME
Instructions to Hiring Manager or recruiter:
1. Have Associate read, sign, complete all information,
and initial the top of the fourth page of the Agreement.
2. If the Associate is under 18 (or if a resident of a state
in which the age of majority is 19, then under 19), you
must obtain the notarized signature of the Associate's
parent or legal guardian.
Employee Name
Last First Middle
In consideration of the mutual promises to arbitrate claims as provided below and/or as a condition of Wafe
House’s offer of employment or promotion and my acceptance of that offer of employment or promotion with Wafe
House, as the case may be, and for other good and valuable consideration, the receipt and sufciency of which are
hereby acknowledged, and with the intent to be legally bound, Wafe House (as dened below) and I hereby agree:
1. “Wafe House” dened. That any reference to Wafe House will be a reference to the Wafe House franchise
entity named ___________________________________________ and all of its subsidiaries and afliates, its parent
(if any), all of its benet plans, the benet plans’ sponsors, duciaries, administrators and the afliates, successors
and assigns of any of them.
2. Claims covered by this Arbitration Agreement ("Agreement"). That Wafe House and I will resolve by arbitration
all claims and controversies (“claims”), past, present, or future, arising out of any aspect of or pertaining in any way to
my employment, and specically including, but not limited to, termination from employment, that I may have against
Wafe House or against its franchisor, or against their respective ofcers, directors, employees or agents in their
capacity as such or otherwise, or that Wafe House may have against me. The claims that are arbitrable:
• are those that, in the absence of this Agreement, would have been heard in a court of competent jurisdiction
under applicable state or federal law; and
• are not claims for workers’ compensation or unemployment compensation benets; and
• include, but are not limited to, claims for wages or other compensation due under the Fair Labor Standards Act or
analogous state law; claims for breach of any contract or covenant, whether express or implied; tort claims; claims
for discrimination or harassment including, but not limited to, race, color, sex, sexual orientation, pregnancy, religion,
national origin, age, marital status, military status or afliation, or medical condition, handicap or disability, whether
under Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act of 1990, as amended, the Age
Discrimination in Employment Act of 1967, as amended, the Uniformed Services Employment and Reemployment
Rights Act, the Family and Medical Leave Act, or any other federal, state or local statutes, as well as claims for
retaliation arising from or concerned with any such laws or statutes; claims for benets, except claims under an
employee benet plan that either species that its claims procedure shall culminate in an arbitration procedure
different than this one or is underwritten by a commercial insurance carrier which decides claims; claims for
violation of any federal, state or other governmental law, statute, regulation or ordinance, except claims excluded
elsewhere in this Agreement.
Except as otherwise provided in this Agreement, both Wafe House and I agree that neither of us shall initiate
or prosecute any lawsuit or administrative action (other than an administrative charge to the EEOC, NLRB, DOL, or
a similar government agency) in any way related to any claim covered by this Agreement.
3. No Consolidated, Collective, or Class Action Arbitrations. Neither party shall be entitled to: (i) join or consolidate
claims in arbitration by or against other employees, (ii) arbitrate any claim against the other party as a purported
representative proceeding or join as a purported member of an alleged class action, collective action, or purported
representative proceeding, or (iii) arbitrate any claim in a private attorney general capacity.
4. Filing of Claims. The aggrieved party must le any claims covered by this Agreement within the applicable statute
of limitations as may be prescribed by law. Written notice of such claims shall be sent to Wafe House's principal
place of business. I will be given written notice at the address to which my most recent W-2 statement of earnings
was sent. The notice shall identify and describe the nature of all claims asserted and the facts upon which such
claims are based. The notice shall be sent to the other party by certied or registered mail, return receipt requested.
FRANCHISE EMPLOYEE
ARBITRATION AGREEMENT
(for current employees and new hires)
4/1/2015
White Copy: Per Instructions Yellow Copy: Employee
(Please Print)
AMERICA’S PLACE TO WORK
AMERICA’S PLACE TO EAT ®
EMPLOYEE INITIALS
4/1/2015
White Copy: Per Instructions Yellow Copy: Employee
3. Sign and print your name as Witness.
4. Give Yellow Copy to Associate.
5. Retain White Copy for Wafe House's personnel
le on the Associate.
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5. Early informal resolution. Prior to initiating a demand for arbitration under this Agreement, I may pursue informal
resolution of my claims by contacting Wafe House at the ofce phone number for Wafe House's principal place of
business. A meeting will then be arranged between me and Wafe House to facilitate the potential resolution of my
claims. If I use this procedure and attempt informal resolution of my claims, Wafe House will pay my portion of the
American Arbitration Association ling fee (or its equivalent, up to $150) associated with any subsequent arbitration
of my claims.
6. Representation. Any party may be represented, at its own expense, by an attorney selected by the party.
7. Designation of Witnesses. At least 30 days before the arbitration, the parties must exchange lists of witnesses,
including any expert expected to be called at the arbitration, and copies of all exhibits intended to be used at the
arbitration.
8. Subpoenas. Each party shall have the right to subpoena witnesses and documents for the arbitration.
9. Arbitration Procedures. After the ling of a claim under this Agreement, the parties shall have 30 days to informally
agree upon an arbitrator or upon an arbitration rm to administer the arbitration. If no arbitrator or arbitration rm
is selected within 30 days, the parties agree to allow the American Arbitration Association ("AAA") to administer the
arbitration. The parties agree that the arbitration shall be held in accordance with the AAA’s then-current Employment
Arbitration Rules and Mediation Procedures, unless the parties otherwise mutually agree in writing beforehand. The
arbitrator shall be either a retired judge or an attorney licensed to practice law in the state in which the arbitration is
convened (the “Arbitrator”). The arbitration shall take place in or near the city in which I am or was last employed by
Wafe House.
I understand that a copy of the AAA Employment Arbitration Rules and Mediation Procedures is available for me to
review by contacting AAA to request a copy of these rules at 120 Broadway, 21st Floor, New York, New York, 10271,
telephone number (800) 778-7879, facsimile number (877) 304-8457, and that the rules are also available online at
www.adr.org, or by sending an email to subscriptions@adr.org.
If no arbitrator is informally selected by the parties within 30 days as described above, then the Arbitrator shall
be selected from a list of eleven arbitrators drawn by the AAA from its panel of employment dispute arbitrators. The
parties shall strike names alternatively from the list until only one name remains. The party who did not initiate the
claim shall strike rst. The person whose name remains shall be designated the Arbitrator.
The Arbitrator shall apply the substantive law (and the law of remedies, if applicable) of the state in which the
claim arose, or federal law, or both, as applicable to the claims asserted. The Arbitrator is without jurisdiction to apply
any different substantive law, or law of remedies. The Arbitrator, and not any federal, state, or local court or agency,
shall have authority to resolve any dispute relating to the interpretation, applicability, enforceability or formation of
this Agreement, including but not limited to any claim that all or any part of this Agreement is void or voidable. The
arbitration shall be nal and binding upon the parties, except as provided in this Agreement.
The Arbitrator shall have the power to award any types of legal or equitable relief available in a court of competent
jurisdiction, including, but not limited to, attorney’s fees and costs to either party, to the extent such relief is available
under law. Any arbitral award may be entered as a judgment or order in any court of competent jurisdiction.
The Arbitrator shall have jurisdiction to hear and rule on pre-hearing disputes and is authorized to hold pre-hearing
conferences by telephone or in person as the Arbitrator deems necessary. The Arbitrator shall have the authority
to entertain a motion to dismiss and/or a motion for summary judgment by any party and shall apply the standards
governing such motions under the Federal Rules of Civil Procedure.
Either party, at its expense, may arrange for and pay the cost of a court reporter to provide a stenographic record
of the proceedings.
Either party shall, upon request, be given leave to le a post-hearing brief within a time set by the Arbitrator. The
Arbitrator shall render an award and opinion in the form typically rendered in labor arbitrations.
Either party shall have the right, within 20 days of issuance of the Arbitrator’s opinion, to le with the Arbitrator
a motion to reconsider (accompanied by a supporting brief), and the other party shall have 20 days from the date of
the motion to respond. The Arbitrator shall reconsider the issues raised by the motion and, promptly, either conrm or
change the decision, which (except as provided by the Agreement) shall be nal and conclusive upon the parties.
10. Arbitration Fees and Costs. Except as provided in Paragraph 5 of this Agreement, the parties shall bear their
respective arbitration ling fees (from AAA or from whatever arbitration rm the parties jointly select pursuant to
Paragraph 9). Wafe House shall bear the administrative costs of the arbitration and the fees and costs of the Arbitrator.
11. Judicial Review. The decision or award of the Arbitrator shall be nal and binding upon the parties. Either party
4/1/2015
Acknowledgment and Signature Lines on Following Page
may bring an action in any court of competent jurisdiction to compel arbitration under this Agreement and to enforce
an arbitration award. A party opposing enforcement may bring a separate action in any court of competent jurisdiction
to set aside the award, where the standard of review shall be the same as that applied by an appellate court reviewing
a decision of a trial court without a jury.
12. General. This is the complete agreement of the parties on the subject of arbitration of disputes except for any
arbitration agreement in connection with any benet plan. Except as provided in Paragraph 15 below, this Agreement
can only be revoked by a writing signed by both parties which specically states an intent to revoke this Agreement.
To the extent permitted by applicable law, this Agreement may be modied, in whole or in part, by Wafe House only
after Wafe House provides at least 30 days written notice of such modication, and only with respect to claims led
under this Agreement which are received by Wafe House after the effective date of such modication. To the extent
permitted by applicable law, the notice of modication need not be signed by the employee to be valid and enforceable;
instead, the employee's continued employment by Wafe House after the effective date of the modication shall
constitute the employee's acceptance of the modication. The version of this Agreement in effect at the time the claim
is received by Wafe House will govern the process by which the claim is determined. This Agreement shall survive
termination of my employment, shall apply to any future employment with Wafe House should my employment end
and I am thereafter rehired by Wafe House, and shall survive any expiration of any benet plan.
13. Choice of Law and Severability. I acknowledge that this agreement should be construed in a manner consistent
with the principles and provisions of the Federal Arbitration Act. This Agreement shall be governed by and interpreted
in accordance with the laws of the state in which Wafe House maintains its principal place of business. If, however,
a court of competent jurisdiction or arbitrator subsequently determines that the laws of the above referenced state do
not apply to the Agreement, then, alternatively, the Agreement shall be governed by and interpreted in accordance
with the laws of the state of my residence. In addition, should any provision of this Agreement be adjudged void,
illegal, or otherwise unenforceable, in whole or in part, and cannot be modied to be enforceable, such provision shall
immediately become null and void, leaving the remainder of this Agreement in full force and effect.
14. Not an Employment Agreement. This is an arbitration agreement, not an employment agreement. This Agreement
does not in any way alter the “at-will” status of my employment.
15. Employee’s Right to Revoke. I understand that I would either not be employed or remain employed by Wafe
House or that I would not be promoted, as the case may be, unless I sign this Agreement. I have been advised of
my right to consult with counsel regarding the Agreement. My agreement to accept arbitration can be revoked at any
time within 7 days of my signing this Agreement, but such revocation must be submitted in writing and will result in
my immediate termination, demotion and/or denial of consideration for employment, as the case may be.
If this Agreement is not properly revoked by me within the 7-day time period described above, I understand that this
Agreement will remain valid and enforceable unless modied by Wafe House pursuant to Paragraph 12 or unless
Wafe House and I execute a subsequent arbitration agreement. I understand that when any such Agreement
modication becomes effective pursuant to Paragraph 12, or when any subsequent arbitration agreement is executed,
the new agreement's terms shall take precedence over and supersede this existing Agreement.
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