From Mal Harkins of  Proskauer Rose in D.C., attached is the Rent-A-Center for posting and below, the arbitration language:

The language is in a question and answer format.

What type of disputes will be subject to arbitration?

All serious disputes regardless of their cause or legal basis involving an individual resident (or an individual resident’s representative, family, heirs, assigns, etc.) will be resolved through arbitration.  A serious dispute is one involving a claim of more than $20,000.  If the value of the claim is unclear, the arbitrator will decide whether the claim qualifies for arbitration.  Disagreements between the facility and multiple residents will not be addressed in a single arbitration. 

In addition, any disputes over this Agreement itself shall be subject to arbitration.  The Arbitrator and not any federal, state or local court or agency, shall have exclusive authority to resolve any dispute relating to the validity, interpretation, applicability, enforceability or formation of this Agreement, including, but not limited to, any claim that all or any part of this Agreement is void or voidable.  All disputes, whether procedural or substantive, about this Agreement and the arbitration will be subject to and governed by the Federal Arbitration Act.

 

Author: Mal Harkins from Proskauer Rose

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