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BROKER-CARRIER ARBITRATION AGREEMENT

Last Updated: September 28, 2025


By signing or accepting this Arbitration Agreement (“Agreement”), the Parties waive the right to bring claims in court and the right to a jury trial. This is a binding business-to-business arbitration agreement between EZ Around Inc(“Broker”) and the undersigned motor carrier and its authorized representative (collectively, “Carrier”). Carrier is entering this Agreement in connection with Carrier’s creation of a Carrier Account on Broker’s hosted software and mobile applications, which allow shippers to arrange delivery services from third-party motor carriers (the “Platform”).

This Agreement supplements and forms part of the Broker-Carrier Agreement (CBA) executed between the Parties. Capitalized terms not defined herein have the meanings assigned in the CBA.
 

1. Disputes Covered by this Arbitration Agreement

Except as excluded in Section 2, all claims, controversies, or disputes between the Parties, arising out of or relating to the relationship, must be resolved exclusively through final and binding arbitration administered by JAMS (or, if unavailable, the AAA). This includes but is not limited to:

  • Disputes concerning Carrier’s use of the Platform or performance of services.

  • Claims arising under the CBA or any related agreements.

  • Claims of breach of contract, tort, fraud, or violations of statutes/regulations (local, state, federal, or foreign).

  • Claims asserted against a Party or its customers by workers engaged by the other Party.

The Parties agree this Agreement is governed by the Federal Arbitration Act (FAA, 9 U.S.C. § 1 et seq.), and not exempt from it. If the FAA does not apply, arbitration will be governed by the arbitration laws of the state where Carrier’s principal business is located.

By agreeing to arbitration, the Parties expressly waive the right to a jury trial.
 

2. Claims Not Covered

This Agreement does not apply to:

  • Workers’ compensation, unemployment, or disability insurance claims.

  • Administrative claims permitted by law to proceed before agencies such as the EEOC, DOL, NLRB, OSHA, or SEC.

  • Statutory claims for public injunctive relief, but only until an arbitrator can be appointed.

  • Claims explicitly excluded from arbitration by law, not preempted by the FAA.

If a dispute involves both Covered and Excluded Claims, the Excluded Claims will be stayed pending resolution of arbitration.
 

3. Issues Delegated to Arbitrator

All issues regarding interpretation, enforceability, or validity of this Agreement shall be decided by the arbitrator, except for the issue of class, collective, consolidated, or representative arbitration, which shall be decided exclusively by a court.
 

4. Individualized Arbitration & Class Action Waiver

  • All arbitration claims must proceed individually.

  • No class, collective, or consolidated actions are permitted.

  • The arbitrator may not award relief to non-parties.

  • California PAGA and similar state statutes may only be pursued individually in arbitration; any non-individual PAGA claims will be stayed in court.

  • The validity and enforceability of this Section 4 are reserved to a court of competent jurisdiction.
     

5. Filing of Arbitration Demand

A Party initiating arbitration must provide written notice to the other, identifying the claimant, the factual basis, and the requested relief, within the same limitations period that would apply if filed in court.
 

6. Arbitration Procedure

  • Arbitrator to be selected by mutual agreement or per JAMS/AAA rules if Parties cannot agree.

  • Unless otherwise agreed, the arbitrator must be a licensed attorney or retired judge in the relevant jurisdiction.

  • Venue: arbitration shall be held either (i) in San Diego County, California, or (ii) if Carrier’s headquarters is outside 100 miles, in the county of Carrier’s principal place of business.

  • Parties may conduct civil discovery, bring dispositive motions, and present witnesses and evidence.

  • The arbitrator may issue subpoenas, enforce Rule 68 offers, and apply applicable statutes of limitation and substantive law.
     

7. Arbitration Expenses & Attorneys’ Fees

The arbitrator may award reasonable costs, expenses, and attorney’s fees to the prevailing Party to the extent permitted by law. The award will be final and binding, and judgment may be entered in any court with jurisdiction.
 

8. Post-Arbitration Procedure

Within 30 days of the close of hearing, Parties may file post-hearing briefs. The arbitrator must issue a reasoned written decision including findings of fact and conclusions of law.
 

9. Severability

If any provision is found unenforceable, it shall be severed narrowly. The remainder of this Agreement remains in force. The Parties expressly agree that arbitration may only proceed individually.
 

10. Benefit & Assignment

This Agreement is binding upon and benefits both Parties and their successors. Neither Party may assign this Agreement without prior written consent of the other.
 

11. Confidentiality

Unless disclosure is required by law or court order, the Parties agree to keep confidential the existence and terms of arbitration decisions, except with written consent of the other Party or to their legal counsel.
 

12. Completeness & Amendments

This Agreement is the entire arbitration agreement between the Parties and supersedes all prior arbitration agreements. It may only be amended in a written document signed by both Parties. By creating and maintaining a Carrier Account on the EZ Around Platform, Carrier accepts this Agreement.

Acknowledgment & Acceptance
By checking the acceptance box on the Platform or continuing to use Carrier services with EZ Around, Carrier agrees to be bound by this Arbitration Agreement.
 

EZ Around Inc
715 Paseo Roble #304
Vista, CA 92084

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