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NON-CMV DELIVERER ARBITRATION AGREEMENT

Last Updated: September 28, 2025
 

PLEASE READ THIS AGREEMENT CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS. BY ACCEPTING THIS AGREEMENT, YOU ACKNOWLEDGE THAT YOU HAVE READ IT, UNDERSTAND IT, AND VOLUNTARILY AGREE TO ALL TERMS.

This Arbitration Agreement (“Agreement”) is entered into by and between you (“Driver” or “you”) and EZ Around Inc, a Delaware corporation with principal business address at 715 Paseo Roble #304, Vista, CA 92084 (“EZ Around”). Driver and EZ Around may be referred to individually as a “Party” and collectively as the “Parties.”
 

1. Arbitration of Disputes

The Parties mutually agree to resolve through binding arbitration any and all Covered Claims (as defined below), instead of filing a lawsuit in court. This Agreement is governed by the Federal Arbitration Act (FAA, 9 U.S.C. §§ 1–16)or, if the FAA does not apply, the arbitration law of the state where Driver last provided services to EZ Around. Written notice of intent to arbitrate must be provided within the applicable statute of limitations period.
 

2. Covered Claims

Except as excluded in Section 3, Covered Claims include all disputes between the Parties, past, present, or future, including but not limited to:

  • Claims related to Driver’s provision of delivery services through the EZ Around Platform.

  • Payment disputes, account deactivation, termination of agreements.

  • Classification issues, wage-and-hour claims, misclassification claims.

  • Harassment, discrimination, retaliation, and related statutory claims (e.g., Title VII, ADA, ADEA, FMLA, FLSA, and state/local equivalents).

By agreeing to arbitrate, the Parties waive the right to a trial in court or by jury.
 

3. Claims Not Covered

Excluded Claims are:

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

  • Whistleblower retaliation claims under Sarbanes-Oxley.

  • Claims within the exclusive jurisdiction of the NLRB.

  • Complaints filed with EEOC, OSHA, DOL, SEC, or other agencies.

  • ERISA plan benefits.

  • Any claim explicitly excluded from arbitration by statute not preempted by federal law.

The Parties may seek provisional remedies in court (e.g., TRO, injunction) pending arbitration. If a dispute involves both Covered and Excluded Claims, Excluded Claims will be stayed pending arbitration.
 

4. Exclusive Authority of Arbitrator

Only the arbitrator has authority to decide disputes regarding interpretation, enforceability, applicability, or formation of this Agreement, except as noted in Section 5.
 

5. Individualized Arbitration & Class Action Waiver

  • All claims must be brought on an individual basis.

  • No class, collective, representative, or joint actions are permitted in arbitration.

  • The arbitrator has no authority to consolidate claims or award relief to non-parties.

  • PAGA (California) and similar claims must proceed individually in arbitration; any non-individual claims will be stayed in court.

  • Questions of validity or scope of this waiver are decided by a court, not the arbitrator.
     

6. Waiver of Jury Trial

By accepting this Agreement, the Parties knowingly and voluntarily waive any right to a court or jury trial, except as provided under applicable law for limited judicial review of arbitration awards.
 

7. Arbitration Procedures

  • Administered by JAMS under its Comprehensive Arbitration Rules (www.jamsadr.com), or if unavailable, by the AAA under its Commercial Arbitration Rules (www.adr.org).

  • Venue: arbitration will occur within 100 miles of Driver’s last location of service for EZ Around, unless otherwise agreed.

  • Arbitrator may issue subpoenas, enforce Rule 68 offers, apply applicable statutes of limitation, and award reasonable attorney’s fees/costs as permitted by law.

  • Award must include a reasoned written opinion with findings and conclusions.
     

8. Severability

If any provision of this Agreement is found unenforceable, it shall be severed or modified narrowly. If Section 5 (Class Action Waiver) is invalidated, only the unenforceable portion is severed, and all individual claims remain subject to arbitration.
 

9. Right to Counsel

Driver has the right to consult with an attorney of their choice, at their own expense, regarding this Agreement.
 

10. Entire Agreement

This is the sole and entire agreement governing arbitration between the Parties and supersedes all prior arbitration provisions. By maintaining an active account on the EZ Around Platform, Driver accepts and is bound by this Agreement.

Acknowledgment & Acceptance
By checking the acceptance box in the Platform or by performing services under the EZ Around Platform, Driver agrees to this Arbitration Agreement and waives the right to bring Covered Claims in court.

 

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

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