APPLICANT'S CERTIFICATION AND AGREEMENT

I hereby certify that the facts set forth in the above employment application are true and complete to the best of my knowledge. I understand that, if employed, falsified statements of any kind or omissions of facts called for on this application shall be considered sufficient basis for dismissal or ending the hiring process.

I authorize verification of information provided on this application; and authorize the references listed to give you all pertinent information concerning my previous employment; and release all parties from all liability for any damage that may result from requesting or furnishing such information.

I agree that should an employment offer be extended to me and accepted that I will fully adhere to the policies, rules and regulations of employment of the Employer. However, I further agree that neither the policies, rules, regulations of employment nor anything said during the interview process shall be deemed to consitute the terms of an implied employment contract. I understand that any employment offered is for an indefinite duration and at will and that either I or the Employer may terminate my employment at any time with or without notice or cause. I also agree that no representative of the Company other than the Owner has the authority to enter into any agreement for employment for any specified period of time, or to otherwise alter the foregoing.

IN ADDITION, I UNDERSTAND AND AGREE THAT, AS AN EXPRESS CONDITION OF THE COMPANY’S CONSIDERATION OF THIS APPLICATION AND TO ANY EMPLOYMENT OF ME BY THE COMPANY, THE COMPANY AND I AGREE TO SUBMIT ANY AND ALL CLAIMS, DISPUTES AND CONTROVERSIES, WHETHER BASED ON CONTRACT, TORT, STATUTE, ORDINANCE OR REGULATION, DIRECTLY OR INDIRECTLY RELATED TO, ARISING OUT OF OR IN CONNECTION WITH THIS APPLICATION AND/OR MY EMPLOYMENT BY OR WITH THE COMPANY, OR THE TERMINATION OF SUCH EMPLOYMENT, TO BINDING ARBITRATION PURSUANT TO THE COMPANY’S AGREEMENT TO ARBITRATE, AND THAT ALL SUCH CLAIMS AND DISPUTES SHALL BE BROUGT IN MY INDIVIDUAL CAPACITY AND SHALL BE RESOLVED BY ARBITRATION AS MY SOLE AND EXCLUSIVE REMEDY, EXCLUDING ONLY CLAIMS FOR WORKERS’ COMPENSATION, UNEMPLOYMENT COMPENSEATION, AND CLAIMS UNDER THE NATIONAL LABOR RELATIONS ACT. I UNDERSTAND I MAY NOT BRING A CLAIM AS A COLLECTIVE OR CLASS ACTION. THE ARBITRATION SHALL BE CONDUCTED BY AN ARBITRATOR SELECTED FROM A LIST SUPPLIED BY THE AMERICAN ARBITRATION ASSOCIATION.

Finally, I understant that this application for employment is good for 30 days only. Consideration for employment after 30 days requires a new application.

UNDER MARYLAND LAW, AN EMPLOYER MAY NOT REQUIRE OR DEMAND, AS A CONDITION OF EMPLOYMENT, PROSPECTIVE EMPLOYMENT, OR CONTINUED EMPLOYMENT, THAT AN INDIVIDUAL SUBMIT TO OR TAKE A LIE DETECTOR OR SIMILAR TEST. AN EMPLOYER WHO VIOLATES THIS LAW IS GUILTY OF A MISDEMEANOR AND SUBJECT TO A FINE NOT EXCEEDING $100.

Applicant's signature below also verifies that he/she received notice of the prohibition on lie detector or similar tests.

AGREEMENT TO ARBITRATE

THIS IS A CONTRACT THAT AFFECTS YOUR RIGHTS. READ IT CAREFULLY FROM BEGINNING TO END. YOU HAVE THE RIGHT TO CONSULT A LAWYER. IF YOU ARE OVER THE AGE OF 40, PAY SPECIAL ATTENTION TO SECTION 12.

This is an Arbitration Agreement, entered between Hoffberger Moving Services LLC, its officers and owners (individually) (“Hoffberger Moving Services LLC” or “the Company”) and yourself (“you”). By signing this Agreement, the parties agree as follows:

1. You shall submit any claim that could be asserted in a lawsuit concerning your application for employment, employment with and termination from the Company to arbitration. This includes, but is not limited to, claims of employment discrimination under federal, state or local laws on account of protected status including without limitation race, sex (including pregnancy), sexual orientation, gender identity, religion, color, national origin, age, disability, veteran’s status, genetic information, or any other personal characteristic protected by law. It also includes any claim you might have under contract or tort law. The arbitrator, and not a court, shall have exclusive authority to resolve any such dispute. All claims must be brought in your individual capacity. You may not bring a collective or class action. This Arbitration Agreement does not cover claims for worker’s compensation or unemployment compensation. These shall continue to be processed in the normal manner.
2. This Arbitration Agreement does not prevent you from filing a charge with the Equal Employment Opportunity Commission, Maryland Commission on Civil Rights, or any other government agency with jurisdiction. Those agencies continue to have the ability to investigate any charge you file. However, you cannot file a lawsuit in court based on a charge. Claims that you could raise in a lawsuit shall be resolved by arbitration instead.
3. You and the Company shall select the arbitrator from a list of qualified arbitrators supplied by the American Arbitration Association. If the arbitrator finds in your favor, he may award the same relief as a court could award.
4. You may be represented by a lawyer. You will have to pay your own attorney’s fees. If you prevail and applicable law permits, you may be awarded attorney’s fees by the arbitrator. Any demand for attorney’s fees shall be treated as part of your claim, shall be resolved by the arbitrator, and shall not give rise to a separate claim for attorney’s fees.
5. You will pay a filing fee equal to the then applicable filing fee for filing a lawsuit in the U.S. District Court for the District of Maryland. If you cannot afford the fee, the Company may waive the filing fee. The arbitrator’s fees shall be paid, in advance, by the Company.
6. You may assert in arbitration any claim and seek any relief that you could assert in a court case, and the Company may assert any defense that it could assert in a court case, except that You may not bring a claim as a class action. You may only file on behalf of yourself.
7. This Agreement is governed by the Federal Arbitration Act, 9 U.S.C. § 1, et seq. and/or the Maryland Uniform Arbitration Act, Annotated Code of Maryland, Courts and Judicial Proceedings, Section 3-210-3-234. The arbitrator shall decide any claims under state law in accordance with the laws and precedent of Maryland and shall decide any claims under federal law in accordance with the laws and precedent of the United States. In federal claims, precedent of the United States Supreme Court, United States Court of Appeals for the Fourth Circuit, and United States District Court for the District of Maryland shall apply, in that order.
8. By signing this Agreement, you waive (give up) your right to file or join in any court case, including collective or class actions, against the Company concerning your application for employment, employment and the termination of your employment. This waiver includes, but is not limited to, any claim you might have for employment discrimination under Title VII of the Civil Rights Act of 1964, Section 1981 of the Civil Rights Act of 1866, the Age Discrimination in Employment Act, the Americans with Disabilities Act, claims for breach of contract or tort, and any other claims you might have under state, local, or federal law. In addition to the Company, this waiver covers its affiliates, subsidiaries, members, officers, employees and agents.
9. The arbitrator shall be governed by this Agreement, and shall not add to, delete or alter its provisions in any way. Either party may bring any action in court to compel arbitration under this Agreement or to enforce an award.
10. The mutual promises by you and the Company to submit your claims to arbitration rather than litigation in court constitute consideration (a legal term for something of value) for each other.
11. This Agreement is not a contract of employment. This Agreement is intended to create a procedure for resolving disputes over existing rights and claims, and not to create any new rights or claims.
12. SPECIAL PROVISION FOR PERSONS OVER 40. Consistent with the Age Discrimination in Employment Act (ADEA) which protects individuals over 40 years of age from age discrimination:
    1. You agree that this Agreement to arbitrate your claim is valuable to you, because it will permit a faster resolution of your claim than you would obtain in court.
    2. You are advised to consult with an attorney prior to signing this Agreement.
    3. You have 21 days in which to consider this Agreement. However, you may sign it sooner if you wish. Provision of a review period of less than 21 days shall not impact any claims covered by the Agreement except ADEA claims.
    4. You have a period of 7 days following your signing this Agreement to revoke your signature, and the Agreement shall not be legally binding until the 7-day period has expired.
13. This Agreement shall be applied consistent with the Maryland Disclosing Sexual Harassment in the Workplace Act of 2018, Code Ann., Labor & Employment § 3-715, (the “Act”) including its prohibitions against the mandatory submission of sexual harassment, retaliation and other specified claims to arbitration.
14. Your signature, and the signature of an authorized Hoffberger Moving Services LLC official, are set forth below. By signing this Agreement, you and Hoffberger Moving Services LLC agree to be bound by it.