BBSD

Dispute Resolution and Arbitration Agreement

• 1. Agreement to Binding Arbitration Between You and BBSD. 

You and BBSD mutually agree to waive our respective rights to resolution of disputes in a court of law by a judge or jury and agree to resolve any dispute by arbitration, as set forth below. This agreement to arbitrate (“Arbitration Agreement”) is governed by the Federal Arbitration Act and survives after the Agreement terminates or your relationship with BBSD ends. Any arbitration under this Agreement will take place on an individual basis; class arbitrations and class actions are not permitted. Except as expressly provided below, this Arbitration Agreement applies to all Claims (defined below) between you and BBSD, including our affiliates, subsidiaries, parents, successors and assigns, and each of our respective officers, directors, employees, agents, or shareholders. This Arbitration Agreement also applies to claims between you and BBSD’s service providers, including but not limited to background check providers and payment processors; and such service providers shall be considered intended third party beneficiaries of this Arbitration Agreement. 

Except as expressly provided below, all disputes and claims between us (each a “Claim” and collectively, “Claims”) shall be exclusively resolved by binding arbitration solely between you and BBSD. These Claims include, but are not limited to, any dispute, claim or controversy, whether based on past, present, or future events, arising out of or relating to: this Agreement and prior versions thereof (including the breach, termination, enforcement, interpretation or validity thereof), the BBSD Platform, the Services, any other goods or services made available through the BBSD Platform, your relationship with BBSD, the threatened or actual suspension, deactivation or termination of your User Account or this Agreement, background checks performed by or on BBSD’s behalf, payments made by you or any payments made or allegedly owed to you, any promotions or offers made by BBSD, any city, county, state or federal wage-hour law, trade secrets, unfair competition, compensation, breaks and rest periods, expense reimbursement, wrongful termination, discrimination, harassment, retaliation, fraud, defamation, emotional distress, breach of any express or implied contract or covenant, claims arising under federal or state consumer protection laws; claims arising under antitrust laws, claims arising under the Telephone Consumer Protection Act and Fair Credit Reporting Act; and claims arising under the Uniform Trade Secrets Act, Civil Rights Act of 1964, Americans With Disabilities Act, Age Discrimination in Employment Act, Older Workers Benefit Protection Act, Family Medical Leave Act, Fair Labor Standards Act, Employee Retirement Income Security Act (except for individual claims for employee benefits under any benefit plan sponsored by BBSD and covered by the Employee Retirement Income Security Act of 1974 or funded by insurance), and state statutes, if any, addressing the same or similar subject matters, and all other federal and state statutory and common law claims. All disputes concerning the arbitrability of a Claim (including disputes about the scope, applicability, enforceability, revocability or validity of the Arbitration Agreement) shall be decided by the arbitrator, except as expressly provided below. 

By agreeing to arbitration, you understand that you and BBSD are waiving the right to sue in court or have a jury trial for all Claims, except as expressly otherwise provided in this Arbitration Agreement. This Arbitration Agreement is intended to require arbitration of every claim or dispute that can lawfully be arbitrated, except for those claims and disputes which by the terms of this Arbitration Agreement are expressly excluded from the requirement to arbitrate. 

(b) Prohibition of Class Actions and Non-Individualized Relief. 

You understand and agree that you and BBSD may each bring Claims in arbitration against the other only in an individual capacity and not on a class, collective action, or representative basis (“Class Action Waiver”). You understand and agree that you and BBSD both are waiving the right to pursue or have a dispute resolved as a plaintiff or class member in any purported class, collective or representative proceeding. Notwithstanding the foregoing, this subsection (b) shall not apply to representative private attorneys general act claims brought against BBSD, which are addressed separately in Section 17(c). 

The arbitrator shall have no authority to consider or resolve any Claim or issue any relief on any basis other than an individual basis. The arbitrator shall have no authority to consider or resolve any Claim or issue any relief on a class, collective, or representative basis. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claims. 

Notwithstanding any other provision of this Agreement, the Arbitration Agreement or the AAA Rules, disputes regarding the scope, applicability, enforceability, revocability or validity of the Class Action Waiver may be resolved only by a civil court of competent jurisdiction and not by an arbitrator. In any case in which: (1) the dispute is filed as a class, collective, or representative action and (2) there is a final judicial determination that the Class Action Waiver is unenforceable as to any Claims, then those Claims shall be severed from any remaining claims and may be brought in a civil court of competent jurisdiction, but the Class Action Waiver shall be enforced in arbitration on an individual basis as to all other Claims to the fullest extent possible. 

(c) Representative PAGA Waiver. 

Notwithstanding any other provision of this Agreement or the Arbitration Agreement, to the fullest extent permitted by law: (1) you and BBSD agree not to bring a representative action on behalf of others under the Private Attorneys General Act of 2004 (“PAGA”), California Labor Code § 2698 et seq., in any court or in arbitration, and (2) for any claim brought on a private attorney general basis, including under the California PAGA, both you and BBSD agree that any such dispute shall be resolved in arbitration on an individual basis only (i.e., to resolve whether you have personally been aggrieved or subject to any violations of law), and that such an action may not be used to resolve the claims or rights of other individuals in a single or collective proceeding (i.e., to resolve whether other individuals have been aggrieved or subject to any violations of law) (collectively, “representative PAGA Waiver”). Notwithstanding any other provision of this Agreement, the Arbitration Agreement or the AAA Rules, disputes regarding the scope, applicability, enforceability, revocability or validity of this representative PAGA Waiver may be resolved only by a civil court of competent jurisdiction and not by an arbitrator. If any provision of this representative PAGA Waiver is found to be unenforceable or unlawful for any reason: (i) the unenforceable provision shall be severed from this Agreement; (ii) severance of the unenforceable provision shall have no impact whatsoever on the Arbitration Agreement or the requirement that any remaining Claims be arbitrated on an individual basis pursuant to the Arbitration Agreement; and (iii) any such representative PAGA or other representative private attorneys general act claims must be litigated in a civil court of competent jurisdiction and not in arbitration. To the extent that there are any Claims to be litigated in a civil court of competent jurisdiction because a civil court of competent jurisdiction determines that the representative PAGA Waiver is unenforceable with respect to those Claims, the Parties agree that litigation of those Claims shall be stayed pending the outcome of any individual Claims in arbitration. 

(d) Rules Governing the Arbitration. 

Any arbitration conducted pursuant to this Arbitration Agreement shall be administered by the American Arbitration Association (“AAA”) pursuant to its Consumer Arbitration Rules that are in effect at the time the arbitration is initiated, as modified by the terms set forth in this Agreement. Copies of these rules can be obtained at the AAA’s website (www.adr.org) (the “AAA Rules”) or by calling the AAA at 1-800-778-7879. Notwithstanding the foregoing, if requested by you and if proper based on the facts and circumstances of the Claims presented, the arbitrator shall have the discretion to select a different set of AAA Rules, but in no event shall the arbitrator consolidate more than one person’s Claims, or otherwise preside over any form of representative, collective, or class proceeding. 

As part of the arbitration, both you and BBSD will have the opportunity for reasonable discovery of non-privileged information that is relevant to the Claim. The arbitrator may award any individualized remedies that would be available in court. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claims. The arbitrator will provide a reasoned written statement of the arbitrator’s decision which shall explain the award given and the findings and conclusions on which the decision is based. 

The arbitrator will decide the substance of all claims in accordance with applicable law, and will honor all claims of privilege recognized by law. The arbitrator shall not be bound by rulings in prior arbitrations involving different Event Hosts or Bartenders, but is bound by rulings in prior arbitrations involving the same Event Host or Bartender to the extent required by applicable law. The arbitrator’s award shall be final and binding and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof, provided that any award may be challenged in a court of competent jurisdiction. 

(e) Arbitration Fees and Awards. 

The payment of filing and arbitration fees will be governed by the relevant AAA Rules subject to the following modifications: 

1. If you initiate arbitration under this Arbitration Agreement after participating in the optional Negotiation process described in subsection (k) below and are otherwise required to pay a filing fee under the relevant AAA Rules, BBSD agrees that, unless your claim is for $5,000 or more, your share of the filing and arbitration fees is limited to $50, and that, after you submit proof of payment of the filing fee to BBSD, BBSD will promptly reimburse you for all but $50 of the filing fee. If, however, the arbitrator finds that either the substance of your claim or the relief sought in the claim is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all such fees will be governed by the AAA Rules. 
2. If BBSD initiates arbitration under this Arbitration Agreement, BBSD will pay all AAA filing and arbitration fees. 
3. With respect to any Claims brought by BBSD against a Bartender, or for Claims brought by a Bartender against BBSD that: (A) are based on an alleged employment relationship between BBSD and a Bartender; (B) arise out of, or relate to, BBSD’s actual deactivation of a Bartender’s User account or a threat by BBSD to deactivate a Bartender’s User account; (C) arise out of, or relate to, BBSD’s actual termination of a Bartender’s Agreement with BBSD under the termination provisions of this Agreement, or a threat by BBSD to terminate a Bartender’s Agreement; (D) arise out of, or relate to, Fares (as defined in this Agreement, including BBSD’s commission or fees on the Fares), tips, or average hourly guarantees owed by BBSD to Bartenders for Services, other than disputes relating to referral bonuses, other BBSD promotions, or consumer-type disputes, or (E) arise out of or relate to background checks performed in connection with a user seeking to become a Bartender (the subset of Claims in subsections (A)-(E) shall be collectively referred to as “Bartender Claims”), BBSD shall pay all costs unique to arbitration (as compared to the costs of adjudicating the same claims before a court), including the regular and customary arbitration fees and expenses (to the extent not paid by BBSD pursuant to the fee provisions above). However, if you are the party initiating the Bartender Claim, you shall be responsible for contributing up to an amount equal to the filing fee that would be paid to initiate the claim in the court of general jurisdiction in the state in which you provide Services to Event Hosts, unless a lower fee amount would be owed by you pursuant to the AAA Rules, applicable law, or subsection (e)(1) above. Any dispute as to whether a cost is unique to arbitration shall be resolved by the arbitrator. For purposes of this Section 17(e)(3), the term “Bartender” shall be deemed to include both Bartenders and Bartender applicants who have not been approved to drive. 
4. Except as provided in Federal Rule of Civil Procedure 68 or any state equivalents, each party shall pay its own attorneys’ fees and pay any costs that are not unique to the arbitration (i.e., costs that each party would incur if the claim(s) were litigated in a court such as costs to subpoena witnesses and/or documents, take depositions and purchase deposition transcripts, copy documents, etc.). 
5. At the end of any arbitration, the arbitrator may award reasonable fees and costs or any portion thereof to you if you prevail, to the extent authorized by applicable law. 
6. Although under some laws BBSD may have a right to an award of attorneys' fees and non-filing fee expenses if it prevails in an arbitration, BBSD agrees that it will not seek such an award. 
7. If the arbitrator issues you an award that is greater than the value of BBSD’s last written settlement offer made after you participated in good faith in the optional Negotiation process described in subsection (k) below, then BBSD will pay you the amount of the award or U.S. $1,000, whichever is greater. 

(f) Location and Manner of Arbitration. 

Unless you and BBSD agree otherwise, any arbitration hearings between BBSD and an Event Host will take place in the county of your billing address, and any arbitration hearings between BBSD and a Bartender will take place in the county in which the Bartender provides Services. If AAA arbitration is unavailable in your county, the arbitration hearings will take place in the nearest available location for an AAA arbitration. If your Claim is for $10,000 or less, BBSD agrees that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as determined by the AAA Rules. If your Claim exceeds $10,000, the right to a hearing will be determined by the AAA Rules. 

(g) Exceptions to Arbitration. 

This Arbitration Agreement shall not require arbitration of the following types of claims: (1) small claims actions brought on an individual basis that are within the scope of such small claims court’s jurisdiction; (2) a representative action brought on behalf of others under PAGA or other private attorneys general acts, to the extent the representative PAGA Waiver in Section 17(c) of such action is deemed unenforceable by a court of competent jurisdiction under applicable law not preempted by the FAA; (3) claims for workers’ compensation, state disability insurance and unemployment insurance benefits; and (4) claims that may not be subject to arbitration as a matter of generally applicable law not preempted by the FAA. 

Nothing in this Arbitration Agreement prevents you from making a report to or filing a claim or charge with the Equal Employment Opportunity Commission, U.S. Department of Labor, Securities Exchange Commission, National Labor Relations Board (“NLRB”), or Office of Federal Contract Compliance Programs, or similar local, state or federal agency, and nothing in this Arbitration Agreement shall be deemed to preclude or excuse a party from bringing an administrative claim before any agency in order to fulfill the party's obligation to exhaust administrative remedies before making a claim in arbitration However, should you bring an administrative claim, you may only seek or recover money damages of any type pursuant to this Arbitration Provision, and you knowingly and voluntarily waive the right to seek or recover money damages of any type pursuant to any administrative complaint, except for a complaint issued by the NLRB. Should you participate in an NLRB proceeding, you may only recover money damages if such recovery does not arise from or relate to a claim previously adjudicated under this Arbitration Provision or settled by you. Similarly, you may not recover money damages under this Arbitration Provision if you have already adjudicated such claim with the NLRB. Nothing in this Agreement or Arbitration Agreement prevents your participation in an investigation by a government agency of any report, claim or charge otherwise covered by this Arbitration Provision. 

(h) Severability. 

In addition to the severability provisions in subsections (c) above, in the event that any portion of this Arbitration Agreement is deemed illegal or unenforceable under applicable law not preempted by the FAA, such provision shall be severed and the remainder of the Arbitration Agreement shall be given full force and effect. 

(i) Bartender Claims in Pending Settlement. 

If you are a member of a putative class in a lawsuit against BBSD involving Bartender Claims and a Motion for Preliminary Approval of a Settlement has been filed with the court in that lawsuit prior to this Agreement’s effective date (a “Pending Settlement Action”), then this Arbitration Agreement shall not apply to your Bartender Claims in that particular class action. Instead, your Bartender Claims in that Pending Settlement Action shall continue to be governed by the arbitration provisions contained in the applicable Agreement that you accepted prior to this Agreement’s effective date. 

(j) Opting Out of Arbitration for Bartender Claims That Are Not In a Pending Settlement Action. 

As a Bartender or Bartender applicant, you may opt out of the requirement to arbitrate Bartender Claims defined in Section 17(e)(3) (except as limited by Section 17(i) above) pursuant to the terms of this subsection if you have not previously agreed to an arbitration provision in BBSD’s Terms of Service where you had the opportunity to opt out of the requirement to arbitrate. If you have previously agreed to such an arbitration provision, you may opt out of any revisions to your prior arbitration agreement made by this provision in the manner specified below, but opting out of this arbitration provision has no effect on any previous, other, or future arbitration agreements that you may have with BBSD. If you have not previously agreed to such an arbitration provision and do not wish to be subject to this Arbitration Agreement with respect to Bartender Claims, you may opt out of arbitration with respect to such Bartender Claims, other than those in a Pending Settlement Action, by notifying BBSD in writing of your desire to opt out of arbitration for such Bartender Claims, which writing must be dated, signed and delivered by: (1) electronic mail to arbitrationoptout@BBSD.com, or (2) by certified mail, postage prepaid and return receipt requested, or by any nationally recognized delivery service (e.g, UPS, Federal Express, etc.) that is addressed to: 

General Counsel
BBSD, Inc.
7003 Glenn Dale Road

# 523

Glenn Dale, Maryland 20769

In order to be effective, (A) the writing must clearly indicate your intent to opt out of this Arbitration Agreement with respect to Bartender Claims that are not part of a Pending Settlement Action, (B) the writing must include the name, phone number, and email address associated with your User Account, and (C) the email or envelope containing the signed writing must be sent within 30 days of the date this Agreement is executed by you. Should you not opt out within the 30-day period, you and BBSD shall be bound by the terms of this Arbitration Agreement in full (including with respect to Bartender Claims that are not part of a Pending Settlement Action). As provided in paragraph 17(i) above, any opt out that you submit shall not apply to any Bartender Claims that are part of a Pending Settlement Action and your Bartender Claims in any such Pending Settlement Action shall continue to be governed by the arbitration provisions that are contained in the applicable BBSD Terms of Use that you agreed to prior to the effective date of this Agreement. 

Cases have been filed against BBSD and may be filed in the future involving Bartender Claims. You should assume that there are now, and may be in the future, lawsuits against BBSD alleging class, collective, and/or representative Bartender Claims in which the plaintiffs seek to act on your behalf, and which, if successful, could result in some monetary recovery to you. But if you do agree to arbitration of Bartender Claims with BBSD under this Arbitration Agreement, you are agreeing in advance that you will bring all such claims, and seek all monetary and other relief, against BBSD in an individual arbitration provision, except for the Bartender Claims that are part of a Pending Settlement Action. You are also agreeing in advance that you will not participate in, or seek to recover monetary or other relief, for such claims in any court action or class, collective, and/or representative action. You have the right to consult with counsel of your choice concerning this Arbitration Agreement and you will not be subject to retaliation if you exercise your right to assert claims or opt- out of any Bartender Claims under this Arbitration Agreement. 

(k) Optional Pre-Arbitration Negotiation Process. 

Before initiating any arbitration or proceeding, you and BBSD may agree to first attempt to negotiate any dispute, claim or controversy between the parties informally for 30 days, unless this time period is mutually extended by you and BBSD. A party who intends to seek negotiation under this subsection must first send to the other a written notice of the dispute (“Notice”). The Notice must (1) describe the nature and basis of the claim or dispute; and (2) set forth the specific relief sought. All offers, promises, conduct and statements, whether oral or written, made in the course of the negotiation by any of the parties, their agents, employees, and attorneys are confidential, privileged and inadmissible for any purpose, including as evidence of liability or for impeachment, in arbitration or other proceeding involving the parties, provided that evidence that is otherwise admissible or discoverable shall not be rendered inadmissible or non-discoverable as a result of its use in the negotiation. 

Confidentiality

You agree not to use any technical, financial, strategic and other proprietary and confidential information relating to BBSD’s business, operations and properties, information about a User made available to you in connection with such User’s use of the Platform, which may include the User’s name, pick-up location, contact information and photo (“Confidential Information”) disclosed to you by BBSD for your own use or for any purpose other than as contemplated herein. You shall not disclose or permit disclosure of any Confidential Information to third parties. You agree to take all reasonable measures to protect the secrecy of and avoid disclosure or use of Confidential Information of BBSD in order to prevent it from falling into the public domain. Notwithstanding the above, you shall not have liability to BBSD with regard to any Confidential Information which you can prove: was in the public domain at the time it was disclosed by BBSD or has entered the public domain through no fault of yours; was known to you, without restriction, at the time of disclosure, as demonstrated by files in existence at the time of disclosure; is disclosed with the prior written approval of BBSD; becomes known to you, without restriction, from a source other than BBSD without breach of this Agreement by you and otherwise not in violation of BBSD’s rights; or is disclosed pursuant to the order or requirement of a court, administrative agency, or other governmental body; provided, however, that You shall provide prompt notice of such court order or requirement to BBSD to enable BBSD to seek a protective order or otherwise prevent or restrict such disclosure. 

Relationship with BBSD

As a Bartender on the BBSD Platform, you acknowledge and agree that you and BBSD are in a direct business relationship, and the relationship between the parties under this Agreement is solely that of independent contracting parties. You and BBSD expressly agree that (1) this is not an employment agreement and does not create an employment relationship between you and BBSD; and (2) no joint venture, franchisor- franchisee, partnership, or agency relationship is intended or created by this Agreement. You have no authority to bind BBSD, and you undertake not to hold yourself out as an employee, agent or authorized representative of BBSD. 

BBSD does not, and shall not be deemed to, direct or control you generally or in your performance under this Agreement specifically, including in connection with your provision of Services, your acts or omissions, or your operation and maintenance of your vehicle. You retain the sole right to determine when, where, and for how long you will utilize the BBSD Platform. You retain the option to accept or to decline or ignore an Event Host’s request for Services via the BBSD Platform, or to cancel an accepted request for Services via the BBSD Platform, subject to BBSD’s then-current cancellation policies. With the exception of any signage required by law or permit/license rules or requirements, BBSD shall have no right to require you to: (a) display BBSD’s names, logos or colors on your vehicle(s); or (b) wear a uniform or any other clothing displaying BBSD’s names, logos or colors. You acknowledge and agree that you have complete discretion to provide Services or otherwise engage in other business or employment activities. 

General

Except as provided in Section 17, this Agreement shall be governed by the laws of the State of Maryland without regard to choice of law principles. This choice of law provision is only intended to specify the use of Maryland law to interpret this Agreement and is not intended to create any other substantive right to non- Marylanders to assert claims under Maryland law whether by statute, common law, or otherwise. If any provision of this Agreement is or becomes invalid or non- binding, the parties shall remain bound by all other provisions of this Agreement. In that event, the parties shall replace the invalid or non-binding provision with provisions that are valid and binding and that have, to the greatest extent possible, a similar effect as the invalid or non-binding provision, given the contents and purpose of this Agreement. You agree that this Agreement and all incorporated agreements may be automatically assigned by BBSD, in our sole discretion by providing notice to you. Except as explicitly stated otherwise, any notices to BBSD shall be given by certified mail, postage prepaid and return receipt requested to BBSD, Inc., 7003 Glenn Dale Road # 523 Glenn Dale, Maryland 20769. Any notices to you shall be provided to you through the BBSD Platform or given to you via the email address or physical you provide to BBSD during the registration process. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. The words “include”, “includes” and “including” are deemed to be followed by the words “without limitation”. A party’s failure to act with respect to a breach by the other party does not constitute a waiver of the party’s right to act with respect to subsequent or similar breaches. This Agreement sets forth the entire understanding and agreement between you and BBSD with respect to the subject matter hereof and supersedes all previous understandings and agreements between the parties, whether oral or written. 

If you have any questions regarding the BBSD Platform or Services, please contact our Customer Support Team through our Support@bestbartendersservingdrinks.com.