As a condition of consideration for employment with Fitness International, you must read and sign the following Agreement. As used herein, "Fitness International" refers to Fitness International, LLCand its officers, directors, employees, owners, shareholders, members, agents, representatives, plans, sponsors, fiduciaries, agents, attorneys, parents, subsidiaries, and affiliated entities. The terms "you" and "your" refer to the employee whose name/signature appears below. Both you and Fitness International (collectively, the "Parties") voluntarily agree to abide by this Mutual Arbitration Agreement ("the Agreement") as set forth herein.
All arbitrations under the Agreement will be conducted before one neutral Arbitrator selected under and in compliance with the American Arbitration Association ("AAA") Employment Arbitration Rules & Mediation Procedures (the "AAA Rules"), unless the Parties agree in writing to utilize a different arbitration provider. You may obtain a copy of the AAA Rules online at https://www.adr.org/media/0vrpbnm0/2025_employment_arbitration_rules.pdf and/or by written request by email to arbitration@fitnessintl.com. If the AAA Rules are inconsistent with the terms of this Agreement, the terms of this Agreement will govern.
The Parties voluntarily and mutually agree to arbitrate all Claims, as defined below, they may have against each other relating to (1) the employment relationship between the Parties, and (2) this Agreement. As used herein, "Claims" include all past, present, and future claims arising out of or in connection with your employment with Fitness International or the cessation of that employment, including but not limited to wrongful termination; discrimination; harassment; retaliation; breach of contract or covenant; misappropriation of trade secrets; breach of the duty of loyalty; negligent or intentional emotional distress; fraud; misrepresentation; defamation; tort claims; relocation expenses; recoupment of overpayment of wages; minimum wage; overtime; bonuses; meal/rest periods; reporting time; wage statements; reimbursement; uniforms; split shifts; penalties; benefits; violation of any federal, state or other government constitution, statute, ordinance, or regulation, including but not limited to Title VII of the Civil Rights Act, the Age Discrimination in Employment Act, the Americans With Disabilities Act, the Fair Labor Standards Act, the Employee Retirement Income Security Act, the Consolidated Omnibus Budget Reconciliation Act, the Family and Medical Leave Act, the California Fair Employment and Housing Act, the California Family Rights Act, the California Labor Code, the California Civil Code, the California Wage Orders, and/or the California Private Attorneys General Act; however, the term "Claims" does not include any claims that controlling law provides cannot be the subject of an employment arbitration agreement, such as claims for unemployment compensation and workers' compensation benefits, or claims expressly excluded by H.R. 4445 (9 U.S.C. §§ 401-402), among others. In the event a lawful and valid statute prohibiting arbitration of certain types of claims is enacted after you sign this Agreement, this Agreement will automatically be modified to comply with such statute, and any claim that cannot be arbitrated under such statute (and only that claim) will be automatically deleted from this Agreement. If any non-arbitrable claim(s) are asserted together with Claims that are covered by this Agreement, the Parties agree that the non-arbitrable claim(s) shall be stayed until the completion of arbitration as to the arbitrable Claims. The Parties agree that any arbitrable Claims brought by either Party against each other shall be maintained and proceed in a single arbitration proceeding. If any Party seeks to bring new or additional arbitrable Claims after arbitration between the Parties is commenced, those Claims shall proceed in the same proceeding as the pending arbitration, without waiver of any Party's defenses to such Claims including, without limitation, laches and statute of limitations. The Parties voluntarily and knowingly waive their right to trial in court by judge and/or jury regarding the Claims.
Fitness International will pay all of the Arbitrator's fees and any additional administrative fees unique to arbitration, to the extent required by law. However, if you initiate arbitration, you must pay the AAA filing fee up to the amount of the filing fee that you would be responsible for if you filed a lawsuit in court in the county in which you last performed work for Fitness International, as allowed by law.
Except as provided in Section 11 below, the Arbitrator shall have the exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this Agreement, including but not limited to, any defenses to contract enforcement such as, for example, waiver or a claim that all or part of the Agreement is unconscionable, void, or voidable. The Arbitrator will apply the AAA Rules, except as expressly set forth otherwise in this Agreement. The Arbitrator's authority to resolve disputes and make awards under this Agreement is limited to disputes between Fitness International and you as an individual. The Arbitrator will apply controlling law to determine issues of liability and damages regarding all Claims to be arbitrated. The Arbitrator will conduct and preside over an arbitration hearing of reasonable length. The Arbitrator shall apply the Federal Rules of Evidence to the arbitration hearing(s). Subject to the limitations on class, collective, group, and representative actions described below, the Arbitrator is authorized to award any remedy and/or relief that would have been available to the Parties had the matter been heard in court. The Arbitrator will have the authority to provide for the award of attorneys' fees and/or costs to the prevailing party, if such award is authorized by applicable law. The decision of the Arbitrator will be in writing, and will provide the reasons for the Arbitrator's award. The Parties agree that the award or decision of the Arbitrator shall be final, binding, and non-appealable, provided, however, that the Arbitrator shall not have the power to commit errors of law or legal reasoning. Nothing in this Agreement will prohibit or limit the Parties from seeking provisional remedies under applicable law, including but not limited to injunctive relief from a court of competent jurisdiction, but all determinations of final relief must be decided in arbitration. The pursuit of temporary or preliminary injunctive relief in aid of arbitration shall not be deemed incompatible or inconsistent with this Agreement.
The AAA Rules regarding discovery will apply to all arbitrations under this Agreement, except that, unless applicable law requires otherwise, the Parties shall be limited to: (a) three (3) depositions; (b) twenty five (25) interrogatories; and (c) twenty five (25) requests for production. Upon written request by a Party, the Arbitrator has the authority to allow additional discovery and/or depositions consistent with the expedited nature of arbitration. Additionally, the Parties agree that the Arbitrator may issue subpoenas for the discovery of documents and information from third parties, including deposition testimony, during the discovery stage of proceedings. The Arbitrator will have the authority to set deadlines for completion of discovery and decide all discovery disputes.
Class, Collective And/Or Representative Actions. The Parties expressly agree that each may bring and pursue Claims against the other only in their individual capacities, and not on behalf of, with respect to, joined or consolidated with, and/or as a part of, any class action, collective action, and/or representative action, to the greatest extent permitted by law. In the event you bring an action under the California Private Attorneys General Act ("PAGA") you may pursue Claims and seek remedies as a representative of the California Labor & Workforce Development Agency, but any such Claim under PAGA must be arbitrated on an individual basis to the maximum extent permitted by law. The Arbitrator shall not have the power to decide any class, collective, or non-individual PAGA claims, and any such alleged Claims shall be dismissed by the court to the maximum extent permitted by law. If any non-individual PAGA claims are allowed to proceed, they may only proceed in court and the Parties agree that such non-individual PAGA claims shall be stayed pending a final determination in arbitration with respect to your alleged status as an "aggrieved employee." The Arbitrator, and not a court, will make the determination as to your alleged status as an "aggrieved employee." If any Party challenges the enforceability of this Section regarding Class, Collective and/or Representative Actions, the Parties agree that a court, not an Arbitrator, shall determine what Claims are subject to the duty to arbitrate and whether any Claims must proceed in court on a class, collective, joint, and/or representative basis, following the completion of individual arbitration.
This Agreement does not prohibit or discourage you from reporting violations of state and/or federal laws or regulations to any governmental agency or entity, or from participating in or cooperating with any governmental agency's investigation or charge of discrimination or whistleblower claims (collectively "Government Agencies"), without notice to or approval from Fitness International. However, if you choose to pursue a Claim after any such Government Agency completes its processing of such Claim, you can only pursue that Claim through individual arbitration as set forth in this Agreement. This Agreement does not limit your right to receive an award for information provided to the SEC or OSHA, including an SEC or OSHA whistleblower award, but you expressly agree to waive the right to recover any damages or to receive other relief from any other federal, state or local agency to the extent allowed by law.
This Agreement does not alter the at-will status of your employment. If any provision (or portion thereof) of this Agreement is determined to be void, illegal, or unenforceable in whole or in part, then such provision or part thereof shall be deemed severable, with the remainder of the Agreement remaining in full force and effect to the greatest extent permitted by law. This Agreement supersedes any prior written and/or verbal agreements concerning arbitration between the Parties. This Agreement can only be revoked or modified in a writing signed by you and the Chief Executive Officer of Fitness International. This Agreement remains in effect for the duration of your employment with Fitness International, but also survives after the end of your employment for disputes arising out of your employment. This Agreement expressly requires the Parties to arbitrate even after a break or termination of your employment and subsequent rehire. The Parties voluntarily agree that Fitness International is engaged in transactions involving interstate commerce, and this Agreement shall be subject to the substantive and procedural provisions of the Federal Arbitration Act, 9 U.S.C. §§ 1, et seq.
BY SIGNING/CLICKING BELOW, I AGREE, REPRESENT, AND ACKNOWLEDGE RECEIPT OF THE MUTUAL ARBITRATION AGREEMENT AND AGREE TO BE BOUND BY IT.