Mutual Agreement to Arbitrate Claims(Trailborn)

MUTUAL AGREEMENT TO ARBITRATE CLAIMS I agree to enter into this Mutual Agreement to Arbitrate Claims (“Agreement”), in which both Trailborn and I mutually agree to resolve before a single arbitrator (who will be an attorney or former judge), instead of a court of law, any claims between us that result in my suspension or termination. By signing this Agreement, both parties waive the right to a jury trial and the right to bring any class and/or collective actions (on behalf of a group of individuals). In the event a party to this Agreement brings a claim against the other, any claim must be brought on an individual basis only. I understand that if I sign this Agreement, I will receive a payment of $200 if I am still employed by Trailborn 60 days after I begin my employment with Trailborn, regardless of whether I ever bring a claim against Trailborn or Trailborn brings any claim against me. Mutual Agreement to Arbitrate Claims 1

2 Mutual Agreement to Arbitrate Claims Both Trailborn and I understand that if I am suspended or my employment with Trailborn terminated against my will, I have the right to grieve my suspension and/or termination pursuant to the Grievance Procedure of Trailborn’s Employee Handbook. Pursuant to this Agreement, if that grievance procedure does not resolve my concern, I may resolve the dispute in final and binding arbitration with a neutral arbitrator from the American Arbitration Association, with nearly all costs borne by Trailborn. “Arbitration” means that a neutral arbitrator, selected by both Trailborn and me, will hear both sides of the dispute and then come to a decision. The decision of the arbitrator will be binding on both parties. I understand that nothing in this Agreement prohibits me from exercising my statutory right under the National Labor Relations Act to act concertedly on behalf of myself and others, and to exercise all rights under the Act, including without limitation Section 7 rights, and including without limitation the right to file unfair labor practice charges with the National Labor Relations Board. I am simply choosing to use arbitration as a means of resolving disputes that could otherwise end in a court action. The AAA’s “National Rules for the Resolution of Employment Disputes” will be used in any arbitration proceeding. A copy of these rules is available from Trailborn’s Director of People & Culture or on the AAA’s web site at www.adr.org. If I want to pursue arbitration, the steps are as follows: 1. I must submit a written arbitration demand within 90 days of receiving the response to my Step 2 submission. A representative of the Department of People & Culture can

help me with this. 2. Upon receipt of my written arbitration request, the Director of People & Culture will request a list of 5 local arbitrators from the American Arbitration Association. I and the Director of People & Culture will then alternately strike the names of arbitrators until one name remains. I will be entitled to strike the first name, and each subsequent strike will alternate between the Director of People & Culture and me. Unless Trailborn and I agree otherwise, the person whose name is left will be the arbitrator. The arbitrator will conduct the arbitration hearing as soon as administratively possible. 3. Trailborn will pay all fees and expenses of the arbitrator except for $200, which is less than the amount it would cost me to file a claim in federal court. Should the arbitrator rule in my favor, Trailborn will repay me this $200 in addition to any other monetary relief I may be awarded. 4. Both parties will be entitled to be represented by attorneys. Both sides are responsible for paying their own attorneys. 5. If I choose to arbitrate, the result of the arbitration will be final and binding on both parties. CONFIDENTIALITY. All of the steps of the grievance process, including mediation and arbitration, are confidential. Mutual Agreement to Arbitrate Claims 3

4 Mutual Agreement to Arbitrate Claims I understand that arbitration will be substituted for a trial in a court of law on either the state or federal level with respect to any dispute regarding my suspension or termination. I also understand that by choosing arbitration, I am waiving my right to a jury trial. I also hereby waive my right to proceed against Trailborn on a class action or collective action basis, whether in court or in arbitration. If I am included in a class action initiated by another, I will opt out or refrain from opting in. ____________________ Date: _____________ Employee Signature ____________________ Employee Name Printed By: ____________________ Date: _____________