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Summer 18' Intern - Snow Merchandising & Design
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CERTIFICATION – PLEASE READ CAREFULLY

AT-WILL EMPLOYMENT

I expressly understand and agree that, if hired, my employment with the Company will be "at will." This means that both I and Boardriders have the right to terminate employment at any time for any or no reason, with or without advance notice and with or without cause. Boardriders also will have the right to demote or discipline me, or alter the terms and conditions of my employment, at any time, with or without advance notice and with or without cause, in Boardriders’ sole discretion. No one will have the authority to alter this at-will relationship other than the President of Boardriders or any of its subsidiaries. To be effective, any such agreement must be in writing, must be signed by the President and by me, and must express a clear and unambiguous intent to alter the at-will nature of the employment relationship.

 

MUTUAL ARBITRATION AGREEMENT

Quiksilver, Inc. (the "Company") and I agree that, to the fullest extent allowed by law, any controversy, claim or dispute between me and the Company (or any of its affiliates, subsidiaries, parents or related entities, or any of its or their owners, directors, officers, shareholders, employees, agents or volunteers) relating in any way to my application for employment, my employment, or the termination of my employment (whether voluntary or involuntary), will be submitted to final and binding arbitration as the exclusive remedy for such controversy, claim or dispute. The arbitration will be conducted by a single neutral arbitrator selected by the parties.

Except as modified or supplemented by the terms of this Mutual Arbitration Agreement ("Arbitration Agreement"), the arbitration will be conducted in accordance with the JAMS Employment Arbitration Rules & Procedures (the "Rules"). A copy of the Rules may be obtained from the Company's Human Resources Department or on-line at www.jamsadr.com/rules-employment-arbitration. Both parties acknowledge that they have had an opportunity to read and review the Rules prior to entering into this Arbitration Agreement.

In arbitration, both parties may conduct discovery to the same extent as would be permitted in court, and both parties may be represented by an attorney. The arbitrator shall issue a reasoned written award that explains the legal and factual basis for the arbitrator's decision on all claims and defenses presented to the arbitrator. The arbitrator shall have the full authority to award all relief and remedies which would otherwise be available in court, including, but not limited to, monetary damages, injunctive relief, declaratory relief, penalties, attorneys' fees, costs, and exemplary damages in accordance with and when authorized by applicable law. Any judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. In all cases arising under this Arbitration Agreement, the Company will pay 100% of the arbitrator’s fees and any JAMS administrative expenses.

Possible disputes covered by this Arbitration Agreement include, but are not limited to, claims that arise for unpaid wages or compensation, overtime pay, meal periods, rest periods, wage/hour violations, breach of contract (including any employment agreement), torts, violation of public policy, discrimination, harassment, retaliation, or any other employment related claims under laws including, without limitation, Title VII of the Civil Rights Act of 1964, the Americans With Disabilities Act, the Age Discrimination in Employment Act, the California Labor Code, the Fair Labor Standards Act, the California Fair Employment and Housing Act, and any other statutes or laws relating to an employee’s relationship with his/her employer. Other possible disputes covered by this Arbitration Agreement include claims that the Company may have against me, including, but not limited to, claims for misappropriation or disclosure of trade secrets, conversion, fraud, infringement of intellectual property rights, breach of contract, interference with contractual relations, trade libel, gross negligence, or any other claims for alleged wrongful conduct or breach of the duty of loyalty. Nevertheless, this Agreement does not apply to claims for workers’ compensation benefits, unemployment insurance, those arising under the National Labor Relations Act and filed through a charge with the National Labor Relations Board, and any other claims which are otherwise expressly prohibited by law from being subject to arbitration under this Agreement, provided such prohibition is not preempted under the Federal Arbitration Act or any other federal law. Nothing in this Arbitration Agreement shall prevent either party from seeking a preliminary injunction (or other provisional remedy) in court which preserves the status quo before the arbitrator issues his/her award. This Arbitration Agreement is to be construed as broadly as is permissible under applicable law.

The court, not the arbitrator, shall have the power to rule on the arbitrator's jurisdiction, including any objections with respect to the existence, scope or validity of this Arbitration Agreement. Claims in arbitration shall be filed and maintained only on an individual basis. This means that I must file and maintain claims in arbitration only on behalf of myself, and the Company (or one of its affiliates, subsidiaries, parents or related entities) must file and maintain claims in arbitration only on behalf of itself. I may not file or maintain any claim in arbitration on behalf of other employees, collectively with other employees, or as a named plaintiff/claimant or member in any purported class, collective, or representative proceeding. The arbitrator may not consolidate more than one party's claims, and may not otherwise preside over any form of a collective, class, or representative arbitration proceeding. BY AGREEING TO BINDING AND MUTUAL ARBITRATION OF OUR INDIVIDUAL CLAIMS UNDER THIS AGREEMENT, BOTH I AND THE COMPANY GIVE UP ALL RIGHTS TO TRIAL BY JURY.

This Arbitration Agreement, which supersedes and replaces any previously executed arbitration agreements between us, may only be modified in a writing signed by both parties. If any provision of this Arbitration Agreement is adjudged to be void or otherwise unenforceable, in whole or in part, such adjudication shall not affect the validity of the remainder of the agreement, which shall remain in full force and effect. However, in no event shall the arbitrator hear any claims as class, collective or representative actions, meaning that if one or more of the class, collective and/or representative action waivers in the Agreement is found to be unenforceable, the specific type of waiver(s) found to be unenforceable shall be stricken and the class, collective and/or representative actions shall be heard and determined in a court proceeding.

This Arbitration Agreement is enforceable in a state court with proper jurisdiction, and is governed by the Federal Arbitration Act. Both parties acknowledge that they have carefully read this Arbitration Agreement, agree to be bound by its terms, and acknowledge that they are entering into this Arbitration Agreement voluntarily and not in reliance on any promises or representations made by the other party other than those contained in this agreement.

THIS IS A LEGALLY-BINDING AGREEMENT -- READ CAREFULLY BEFORE SIGNING.

The following statement applies in Maryland & Massachusetts.

It is unlawful in the State(s) of Maryland and Massachusetts to require or administer a lie detector test as a condition of employment or continued employment. An employer who violates this law shall be subject to criminal penalties and civil liability.

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 POLYGRAPH EXAMINATION OR SIMILAR TEST. AN EMPLOYER WHO VIOLATES THIS LAW IS GUILTY OF A MISDEMEANOR AND SUBJECT TO A FINE NOT EXCEEDING $100.

Falsification or omission of information in this Application for Employment may result in an immediate dismissal from employment or the rejection of my Application of Employment. I further understand and agree that, if hired, upon termination of my employment I will promptly return all property in my custody belonging to Quiksilver, Inc., including, but not limited to, office keys, key cards, manuals and IT (Information Technology) equipment.

Candidate Sign Off

I certify that all of the information in this application is true and correct as of this date.

Application Review