Craft Training Center of the Coastal Bend, hereafter referred to as "CTCCB" and the person whose signature is affixed hereto, hereafter referred to as "STUDENT" (which includes the parent/guardian if the student is under the age of 18), mutually agree that there are many advantages to using alternative dispute resolution to settle any and all legal disputes, disagreements and claims, including, but not limited to, those arising from Student’s training or skills assessment process.
The parties mutually agree that this document shall govern the resolution of all claims and/or disputes between STUDENT and CTCCB. CTCCB and STUDENT, by the authorized signatures below, mutually contract and agree that, each, every, any and all claims, disputes and/or controversies, now existing, or hereafter arising, including the arbitrability of any claim, dispute or controversy shall be exclusively resolved by the parties first trying to settle by mediation, and failing which, by final and binding arbitration.
Unless specifically and mutually agreed otherwise, the mediation and/or arbitration shall be administered by the rules of the American Arbitration Association, and shall be pursuant to the provisions of, and jurisprudence interpreting, the Federal Arbitration Act and/or the Texas Alternative Dispute Resolutions Act, whichever shall have the broadest effect.
The Arbitrator(s) shall be the sole and exclusive determiner of jurisdiction. Judgment upon any award may be entered in any federal or state court having jurisdiction thereof.
The parties shall agree upon one mediator and/or arbitrator. The mediation and/or arbitration shall take place in Nueces County, Texas. Each party shall pay for its share of the cost of mediation and/or arbitration.
In no event shall fees and/or expenses be placed on STUDENT if the arbitrator finds that STUDENT would experience extreme hardship or a limitation of legal rights under this Agreement.
This dispute resolution agreement shall be used for all claims, controversies or disputes whether arising under or based on the Constitution, Statutes, Code(s), Ordinances, Regulations, Orders, and/or Common Law of the United States, or of any State, and all subdivisions of either; and/or are based on claims or theories of contract, quasi-contract, personal injury, tort, offenses, quasi-offenses or otherwise including, but not limited to, all claims, disputes, or controversies relating to Student’s training or skills assessment process.
While both CTCCB and STUDENT retain all subsequent legal rights and remedies under this Agreement, CTCCB and STUDENT are both waiving all rights which either may have with regard to trial, whether jury or nonjury, in State or Federal Court, for any covered claim.
The term CTCCB, as used in this agreement, means CRAFT TRAINING CENTER OF THE COASTAL BEND, its parents, subsidiaries, and all related entities, including all officers, directors, employees, agents, subcontractors, vendors, insurers, benefit plans, benefit plan sponsors, fiduciaries, administrators, or affiliates of any of the above, and their respective successors and assigns.
The term "STUDENT" as used in this agreement, means the individual whose signature is affixed hereto, and his or her heirs, spouse, representatives, successors, and assigns.
CTCCB and STUDENT acknowledge that they have had sufficient time to review and consider signing this agreement and that it is clearly understood that this is a MUTUALLY BINDING CONTRACT and that any questions or concerns about it should be referred to an attorney prior to signing it.
The parties to this agreement recognize and agree that CTCCB is engaged in business affecting and using the instruments of interstate commerce.
Each clause, provision, sentence and paragraph of this agreement is severable and should any be determined to be invalid or unenforceable, then those that are valid, or are capable of being enforced shall be, and shall remain in full force and effect.
The parties expressly agree that the terms of this dispute resolution agreement shall survive any and all terminations of the student relationship, and shall be binding on the heirs, spouse(s), representatives, successors and assigns of the parties hereto.
This agreement incorporates the entire agreement of the parties and amends, replaces, and supersedes any other agreements, written or oral, if any exist, and may not be changed or varied except in writing and signed by all parties.