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Fillable Printable Sally Beauty Application Form

Fillable Printable Sally Beauty Application Form

Sally Beauty Application Form

Sally Beauty Application Form

SALLYBEAUTYHOLDINGS,INC. 
P.O.Box490
Denton,TX76202
(PleasePrint)
TODAY’SDATE_________________________ POSITIONDESIRED_________________________
SALARYDESIRED_______________________ DATEAVAILABLE___________________________
NAME_________________________________________
ADDRESS_______________________________________
CITY,STATE,ZIP__________________________________
PHONE#____________________
CELLPHONE#________________
AGE(IFUNDER18)____________
ALLOFFERSOFEMPLOYMENTANDCONTINUEDEMPLOYMENTARE
CONDITIONEDUPONYOURABILITYTOPROVIDEEVIDENCEOFYOURRIGHTTO
BELEGALLYEMPLOYEDINTHEUNITEDSTATES
AREYOULEGALLYELIGIBLE FOR EMPLOYMENT IN THE UNITED STATES?
YES___ NO___
WILLYOUNOWORINTHEFUTUREREQUIRESPONSORSHIPBYTHISCOMPANY
TOATTAINORMAINTAINYOUREMPLOYMENTELIGIBILITYINTHEUNITED
STATES?YES_____NO_____
AREYOUONLAYOFFFROMANYCOMPANYORSUBJECTTORECALLBYANY
OTHERCOMPANY?YES___NO___
IFYES,WHATCOMPANY_________________________
DOYOUHAVEANONCOMPETEAGREEMENTTHATWOULDKEEPYOUFROM
WORKINGHERE?YES___NO___
IFYES,PLEASEEXPLAIN___________________
HAVEYOUEVERWORKEDFORSALLYBEAUTYSUPPLYLLC,BEAUTYSYSTEMS
GROUPLLC,ARMSTRONGMcCALLL.P.,COSMOPROF,SALLYBEAUTY
DISTRIBUTIONLLC,SALLYBEAUTYDISTRIBUTIONOFOHIO,INC.,SALLYBEAUTY
DEPUERTORICO,INNOVATIONSSUCCESSFULSALONSERVICES,ORWEST
COASTBEAUTYSUPPLYCO.?
YES___NO___
WHERE?____________________WHEN?________________________
IFYOUAREAPPLYINGFORAPOSITIONWHICHREQUIRESYOUTODRIVEA
PERSONALAUTOMOBILE,ANSWERTHESEQUESTIONS:
DOYOUHAVEAVALIDDRIVER’SLICENSE?YES___NO___
DOYOUHAVEACARWHICHYOUCANUSETOPERFORMTHEJOB?
YES___NO___
DOYOUHAVECURRENTSTATEREQUIREDLIABILITYINSURANCE?
YES___NO___
FORUSTOVERIFYYOURWORKRECORDS,ARETHEREANYNICKNAMES,USES
OFANASSUMEDNAMEORCHANGESOFNAMETHATWENEEDTOBEAWARE
OF?
YES___NO___
IFSO,WHATNAME_________________________
CURRENTLICENSES/CERTIFICATIONS/REGISTRATIONS
(INDICATETYPESANDDATESRECEIVED):
_____________________________________________
_____________________________________________
_____________________________________________
HAVEYOUEVERINITIATEDORTHREATENEDANACTOFVIOLENCEINTHE
WORKPLACE?YES___NO___
PLEASEEXPLAIN
____________________________________________
WHATLANGUAGESDOYOUSPEAK,READORWRITE?
FLUENT SOME READ WRITE
_______________
_______________
_______________
_______________
NAMEOFRELATIVESEMPLOYEDBYSALLYBEAUTYSUPPLYLLC,BEAUTY
SYSTEMSGROUPLLC,ARMSTRONGMcCALLL.P.,COSMOPROF,SALLYBEAUTY
DISTRIBUTIONLLC,SALLYBEAUTYDISTRIBUTIONOFOHIO,INC.,SALLYBEAUTY
DEPUERTORICO,INNOVATIONSSUCCESSFULSALONSERVICES,ORWEST
COASTBEAUTYSUPPLYCO.
NAME________________________DEPT____________
RELATIONSHIP__________________________________
P
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ALL APPLICANTS AND EMPLOYEES MUST
AGREETOTHECOMPANYS
WORKPLACE RESOLUTION PROGRAM AND MUTUAL AGREEMENT TO
ARBITRATECLAIMS
INORDERTOBECONSIDERED FOR EMPLOYMENT
,YOUAREREQUIREDT
O
SIGNTHEDOCUMENTENTITLEDWORKPLACERESOLUTIONPROGRAMAND
MUTUALAGREEMENT TO ARBITRATE CLAIMS” INCLUDED WITH THIS
APPLICATION. THIS AGREEMENT REQUIRES YOU TO ARBITRATE CERTAIN
LEGAL DISPUTES ARISINGFROMYOURAPPLICATION FOR EMPLOYMENT
AND/OR YOUR EMPLOYMENT WITH THE COMPAN
Y.THECOMPANYWILL
CONSIDERYOURAPPLICATIONONLY
IFTHISAGREEMENTISSIGNED.
EQUALEMPLOYMENTOPPORTUNITY
THE COMPANY WILL PROVIDE EQUAL EMPLOYMENTOPPORTUNITIESTOALL
APPLICANTSWITHOUTREGARDTOANAPPLICANT’SRACE,COLOR,RELIGION,
SEX, GENDER, GENETIC INFORMATION, NATIONAL ORIGIN, AGE, VETERAN
STATUS, DISABILITY, OR ANY OTHER STATUSPROTECTED BY FEDERAL,STATE
OR LOCAL LAW. THE COMPANY WILL PROVIDE REASONABLE
ACCOMMODATIONS TO ALLOW AN APPLICANT TO PARTICIPATE IN THE
HIRING PROCESS (E.G., ACCOMMODATIONSFORATESTORJOB INTERVIEW)
IF SO REQUESTED. WHEN COMPLETING THIS APPLICATION, YOU MAY
EXCLUDEINFORMATIONTHAT WOULD DISCLOSEOROTHERWISEREFERENCE
YOURRACE,RELIGION,AGE,SEX,GENETICS,VETERANSTATUS,DISABILITYOR
ANYOTHERSTATUSPROTECTEDBYFEDERALORSTATELAW.
By completing this application you are applying for
employment with one (but not all) of the following
subsidiaries of Sally Beauty Holdings, Inc.: Sally Beauty
Supply LLC, Beauty Systems Group LLC, Sally Beauty
DistributionLLC,SallyBeautyDistributionofOhio,Inc.,Sally
BeautydePuertoRico,Inc.orArmstrongMcCall,L.P.
EQUALOPPORTUNITYEMPLOYER
CHECKTHEHIGHESTLEVELOREQUIVALENTCOMPLETED:
ELEMENTARYSCHOOL HIGHSCHOOL COLLEGE/TECH GRADUATE  TYPEOFDEGREE
8ORLESS
 __________________________________
9101112 1234 1234
NAMEOFCOLLEGE,UNIVERSITYORVOTECHATTENDED:___________________________________________________________________
HAVEYOUEVER
WAITEDONCUSTOMERS? YES___NO___ TYPING:WORDS
OPERATEDACASHREGISTER?YES___NO___ PERMINUTE
STOCKEDMERCHANDISE? YES___NO___ ___________ 
OPERATEDAFORKLIFT? YES___NO___
USEDACOMPUTER? YES___NO___
ATTENDEDCOSMETOLOGYSCHOOL?YES___NO___
LISTANYSOFTWAREYOUHAVEUSED:
______________________________________________________________________
______________________________________________________________________
FILLINTHEHOURSYOUAREAVAILABLETOWORK:
SUN MON TUES WED THURS FRI SAT
From
To
E
D
U
C
A
T
I
O
N
WORKHISTORY
PLEASELISTBELOWYOURLASTTHREEEMPLOYERS,STARTINGWITHYOURPRESENTORLASTPLACEOFEMPLOYMENT.YOUMAYINCLUDEANY
VERIFIABLEWORKPERFORMEDINTHEU.S.MILITARY,VOLUNTEERWORK,ORINTERNSHIPS.
REFERENCES
LIST3SCHOOL,WORKORPERSONALREFERENCESWHOMWEMAYCONTACT.DONOTLISTPEOPLEWHOARERELATEDTOYOU.
NAME PHONE# HOWLONGHAVEYOU
KNOWNTHISPERSON?
RELATIONSHIPTOYOU TYPEOFREFERENCE
__SCHOOL
__WORK
__PERSONAL
__SCHOOL
__WORK
__PERSONAL
__SCHOOL
__WORK
__PERSONAL
R
E
F
E
R
E
N
C
E
S
INCASEOFEMERGENCY,PLEASECONTACT
_________________________________________________________________________________________________________________________________________
NAME ADDRESS CITY STATE ZIP PHONE#
FROM
TO
FROM
TO
FROM
TO
EMPLOYER JOBTITLE:
ADDRESS JOBDUTIES:
CITY,STATE,ZIP SUPERVISORANDTITLE
PHONENUMBER REASONFORLEAVING
EMPLOYER JOBTITLE:
ADDRESS JOBDUTIES:
CITY,STATE,ZIP SUPERVISORANDTITLE
PHONENUMBER REASONFORLEAVING
EMPLOYER JOBTITLE:
ADDRESS JOBDUTIES:
CITY,STATE,ZIP SUPERVISORANDTITLE
PHONENUMBER REASONFORLEAVING
BEGINNINGSALARY
FINALSALARY
MAYWECONTACT?
YES____NO____
BEGINNINGSALARY
FINALSALARY
MAYWECONTACT?
YES___NO___
BEGINNGINGSALARY
FINALSALARY
MAYWECONTACT
YES___NO___

PLEASEREADCAREFULLYBEFORESIGNINGTHISAPPLICATION
Iunderstandinfilling out this application thatthecompanywithwhichIamapplyingforemploymentSallyBeautySupplyLLC,BeautySystemsGroupLLC,Sally
Beauty Distribution LLC,SallyBeautyDistributionofOhio, Inc.,SallyBeautydePuertoRico, Inc.orArmstrongMcCall,L.P. (hereafter,“Company”)– is inno way
obligated to offer meemployment.Ialsounderstandthatthisapplicationdoesnotcreateanycontractofemployment. Icertify that thefacts setforth inmy
application for employment are true, correct, and complete. I agreethat any misrepresentation or false statement on this application shall be considered
groundsforrejectingthisapplication,rescindingatentativejob offerorimmediatedischargeifdiscoveredafterhire. IauthorizetheCompanyto investigateany
oftheinformationcontainedonthisapplication,includingtheexaminationofpastemployment,records,
licenses,
certificates,
references,
andotherfactsstatedon
theapplication. Iwaiveanyrightswhich Imayhaveto receivewritten notice from anyformer employerlisted onthis application regardingthe releaseto the
Companyof anydisciplinary actiontakenagainstmebysaidformeremployers. Ihereby
release
anddischargetheCompanyandanypersonorentityfromwhom
anysuchinformationisobtainedfromanyliabilitywhatsoeverrelatedtotheuseordisclosureofsuchinformation.
I understand that I may be requiredto sign anagreementthat contains clausesrequiring nondisclosure and nonuse of confidential information both during
employment and thereafter and restriction on employment by others involving similar products or processes worked on for the Company,should I become
anemployeeof the Company. I understandthat I mayberequiredto successfully complete a postoffer medical examinationasa condition of employment,
includingdrugandalcoholtesting,andIagreetotakesuchexamination.
IunderstandandagreethatImayberequiredasacondition ofmyemploymentand/orcontinuedemployment,andtotheextentpermittedbyfederal,state,and
locallaw,tosubmittoaurinalysis,blood alcohol,orbreathalcoholdrugtesttodeterminethepresenceofcontrolledsubstances. Iunderstandandagreethatif
thetestresultsindicatethatIhaveviolatedtheCompanysrulesoncontrolledsubstances,IwillbeineligibleforemploymentwiththeCompanyatthattimeand/
or subject to disciplinary action upto andincluding immediatedischarge. Ialsounderstandthat the Companyhasa substance abusepolicy availablefor my
reviewandIwillabidebyitsterms.
Ifhired,andunlessapplicablelawrequiresotherwise,IagreeandunderstandthatmyemploymentwiththeCompanyis“atwill”andthateitherCompanyorImay
terminatemyemploymentandcompensationatanytime,withorwithout
cause,
andwithorwithoutnotice. Ifurtherunderstandthatnooneemployedbythe
Company(otherthanthePresidentthroughaspecificindividualwrittencontract namingtheindividualandsignedbythePresident),hasanyauthoritytoenterinto
anyagreementforcontinuedemploymentoremploymentforanyspecific periodoftimeorto makeanyagreementcontraryto the foregoing. Anywritten or
oralstatement or promisesto thecontraryareherebyexpresslydisavowedandshouldnot berelieduponby prospective employeesor during employment. I
also understand and agreethat any policies, procedures or benefits (except the Company’s Workplace Resolution Program and Mutual Agreement to
ArbitrateClaims)maybeunilaterallychanged,modifiedordiscontinuedatanytimeatthesolediscretionoftheCompany.
Iacknowledgethattherearepositionswithinthe
Company,
suchasmanystore
manager
positions,wherethehoursofworkfluctuatefromweektoweek,though
the employeeis compensated on afixed salarybasis. In the event I ameveremployedin oneof thesepositions, I understandand agreethat my
fixed salary
constitutescompensationforallhoursworkedineachworkweek,whatevertheirnumber. IntheeventIamentitledbylawtoanovertimepremium,Iunderstand
andagreethatthispremiumwillbebasedupononeandonehalfofmyequivalenthourlyrate,unlessapplicablelawrequiresotherwise.
FOR MARYLAND APPLICANTS
: UNDER MARYLAND LAW, AN EMPLOYER MAY NOT REQUIRE OR DEMAND, AS A CONDITION OF EMPLOYMENT, PROSPECTIVE
EMPLOYMENTORCONTINUEDEMPLOYMENT,THATANINDIVIDUALSUBMITTOORTAKEALIEDETECTORORSIMILARTEST.EMPLOYERWHOVIOLATESTHISLAW
ISGUILTYOFAMISDEMEANORANDSUBJECTTOAFINENOTEXCEEDING$100.
FORMASSACHUSETTSAPPLICANTS
ORCONTINUEDEMPLOYMENT.ANEMPLOYERWHOVIOLATESTHISLAWSHALLBESUBJECTTOCRIMINALPENALTIESANDCIVILLIABILITY.
THECOMPANYDOESNOTUSELIEDETECTORTESTSASPARTOFTHEAPPLICATIONPROCESS.
FORMONTANAAPPLICANTS
2901.
FOR RHODE ISLAND APPLICANTS
: THIS
EMPLOYER
IS
SUBJECT
TO CHAPTERS 2938 OF TITLE 28 (LABOR AND LABOR RELATIONS) OF GENERAL LAWS OF
RHODE
ISLANDAND
IS
THEREFOR
E COVERED BY THE STATES
WORKERS COMPENSATION LAWS.
IF YOU PROVIDE FALSE INFORMATION ABOUT YOUR
ABILITY
PROVISIONSOFTHEWORKERS’COMPENSATIONACTOFTHESTATEOFRHODEISLAND.
BYSIGNINGBELOW,IHEREBYCERTIFY:
Thisapplicationisconsideredcurrentforsixty(60)daysonly.Attheendofthisperiod,ifIamstillinterestedinemployment,itwillbenecessaryformetoreapply
by completingand submitting a new application. While thisapplicationis only considered current f
madebymeinthisapplicationcontinuetobevalidandapplicabletome.
Thisapplicationwascompletedbyme,andthatallentriesonitandinformationinitaretrueandcompletetothebestofmyknowledge.
IhavesignedtheWorkplaceResolutionProgramandMutualAgreementtoArbitrateClaims
documentincludedwiththisApplicationandagreethatthetermsof
thatagreementapplytomeasanapplicantand,ifhired,asanemployeeoftheCompany.
Ihavereadandunderstandthoseabovestatelawprovisionsapplicableto
me.
Signature
of
Applicant:Date:_________________
SBH WORKPLACE RESOLUTION PROGRAM AND
M
UTUAL AGREEMENT TO ARBITRATE CLAIMS Page 1 of 4
SALLY BEAUTY HOLDINGS, INC.
WORKPLACE RESOLUTION PROGRAM AND
MUTUAL AGREEMENT TO ARBITRATE CLAIMS
1. INTRODUCTION
This Workplace Resolution Program and Mutual Agreement
to Arbitrate Claims (“Agreement” or “Program”) is between
me and the Sally Beauty Holdings, Inc. affiliate I am
employed by
1
(the “Company”). Any reference to the
“Company” in this Agreement will be a reference also to
Company’s parents, subsidiaries, partners, divisions, and
affiliated entities (including without limitation Beauty
Systems Group LLC), and all successors, assigns, officers,
directors, employees, and agents of any of them. The Federal
Arbitration Act (9 U.S.C. § 1 et seq.) shall govern this
Agreement, which evidences a transaction involving
commerce. All disputes covered by this Agreement
between me and the Company shall be decided by an
arbitrator through arbitration and not by way of court or
jury trial.
2. DISPUTES COVERED BY THE AGREEMENT
The Company and I mutually consent and agree to the
resolution by arbitration of all claims or controversies, past,
present, or future (“Disputes”), including without limitation,
claims arising out of or related to my application for
assignment/employment, assignment/employment, and/or the
termination of my assignment/employment that the Company
may have against me or that I may have against any of the
following: (1) the Company, (2) its officers, directors,
employees, or agents in their capacity as such or otherwise, (3)
the Company's parent, subsidiary, and affiliated entities, (4)
the benefit plans or the plans' sponsors, fiduciaries,
administrators, affiliates, and agents, and/or (5) all successors
and assigns of any of them.
Further, covered Disputes include any claim or controversy
regarding the Agreement or any portion of the Agreement or
its interpretation, enforceability, applicability,
unconscionability, arbitrability, or formation, or whether the
Agreement or any portion of the Agreement is void or
voidable, with the exception noted in Section 7, below, the
“Class and Representative Action Waivers.”
The claims that are subject to arbitration under this Agreement
are those that, in the absence of this Agreement, would have
been justiciable under applicable state, federal, or other law.
Except as otherwise provided, this Agreement covers all
claims that either the Company or I could bring arising out of
or relating to my employment relationship with the Company,
including, but not limited to: (i) discrimination based on race,
creed, color, religion, sex, age, disability, leave status, national
origin, ancestry, sexual orientation, marital status, veteran or
military reserve status, privacy, or any other characteristic
protected by federal, state, or local law, (ii) retaliation,
including, but not limited to, whistleblower status or
retaliation for filing a workers' compensation claim, (iii) torts,
including, but not limited to, defamation, invasion of privacy,
infliction of emotional distress, or workplace injury not
otherwise covered by applicable workers' compensation laws,
1
Which may be Sally Beauty Supply LLC, Beauty Systems Group LLC,
Sally Beauty Distribution LLC, Sally Beauty Distribution of Ohio, Inc.,
Sally Beauty de Puerto Rico, Inc. or Armstrong McCall, L.P.
(iv) all employment related laws, including, but not limited to,
Title VII of the Civil Rights Act, the Civil Rights Acts and
amendments of 1866, 1871 and 1991, the Age Discrimination
in Employment Act, the Older Workers Benefit Protection
Act, the Americans with Disabilities Act, the Equal Pay Act,
the Genetic Information Nondiscrimination Act, the Family
and Medical Leave Act, the Worker Adjustment Retraining
and Notification Act, the Fair Labor Standards Act, and any
amendments to these laws, and any such related or similar
state or local laws, (v) any federal, state, or local law or
common law doctrine for breach of contract, promissory
estoppel, wrongful discharge, or conversion, (vi) claims for
interference with rights under the Employee Retirement
Income Security Act of 1974, as amended (“ERISA”), or other
claims concerning administration of ERISA plans not
excluded below, and (vii) claims under federal or state law
regarding wages (including without limitation claims for pay,
minimum wage, and overtime), wage penalties, meal and rest
breaks, classification, reimbursement of expenses,
compensation, stock or incentive bonus plans, or intellectual
property rights and associated laws.
3.
CLAIMS NOT COVERED BY THE AGREEMENT
I agree that the following claims are not considered as a
covered Dispute and are excluded under the Agreement: (i)
Workers’ Compensation benefit claims; (ii) state
unemployment or disability insurance compensation claims;
(iii) claims for benefits under employee benefit plans covered
by ERISA that contain an appeal procedure or other exclusive
and/or binding dispute resolution procedure in the respective
plan; (iv) claims under the National Labor Relations Act
within the jurisdiction of the National Labor Relations Board;
and (v) claims that the Dodd-Frank Wall Street Reform and
Consumer Protection Act or other controlling federal statutes
bar from the coverage of mandatory pre-dispute arbitration
agreements.
The Company and I may apply to a court of competent
jurisdiction for temporary or preliminary injunctive relief in
connection with an arbitrable controversy, but only upon the
ground that the award to which that party may be entitled
would be ineffectual without such provisional relief; provided,
however, that all issues of final relief shall be decided in
arbitration, and the pursuit of the temporary or preliminary
injunctive relief described herein shall not constitute a waiver
of rights under this Agreement.
4. VOLUNTARY PRE-ARBITRATION OPTIONS
a. Informal Resolution and Open Door Policy
This Agreement does not in any way prevent me or the
Company from using informal avenues to raise or resolve
concerns—including Disputes that are covered under this
Agreement. I understand that I may raise concerns with my
managers. Many times addressing concerns with my
immediate manager will lead to a resolution. If I feel
uncomfortable raising concerns with my immediate manager,
or my manager does not respond to my concerns, I may raise
the concerns with my manager’s supervisor—including my
You must sign the final page of this
Agreement and turn the entire
Agreement in with your application
in order to be considered or hired
for employment with the Company.
You must sign the final page of this
Agreement and turn the entire
Agreement in with your application
in order to be considered or hired
for employment with the Company.
SBH WORKPLACE RESOLUTION PROGRAM AND
M
UTUAL AGREEMENT TO ARBITRATE CLAIMS Page 2 of 4
District Manager or Regional Manager. I also am encouraged
to bring concerns to the attention of the Company’s Human
Resources Department pursuant to the Company’s Open Door
Policy.
b. Pre-Arbitration Human Resources Review
Prior to initiating arbitration of a covered dispute, the
Company encourages me to submit a complaint letter to the
Vice President of Human Resources at: Pre-Arbitration
Complaint Intake, Sally Beauty Holdings, Inc., 3001 Colorado
Blvd., Denton, Texas 76210. The complaint letter shall
clearly state “Pre-Arbitration Complaint Letter” and should
briefly identify the nature of the complaint and potential legal
claim. The Vice President of Human Resources will appoint a
senior Human Resources professional to investigate my
complaint and attempt to provide me with a written response
within thirty (30) days of the date that I submit the complaint.
I understand that I am not required to submit such a complaint
before pursuing arbitration, but that this is an option that may
permit the Company to resolve my issue prior to engaging in
the arbitration process.
c. Mediation
Mediation is a voluntary, non-binding process where a neutral
third-party (a mediator) works with the parties to reach a
mutually agreeable settlement of the Dispute. If a settlement
is not reached, the mediator has no authority to impose one. I
may request Mediation by making a written request for
mediation of a Dispute to the Company’s Legal Department,
currently at: Mediation Intake, Sally Beauty Holdings, Inc.,
3001 Colorado Blvd., Denton, Texas 76210. If the Company
requests mediation, it will make a written request at the last
home address I provided in writing to the Company. Both
parties must mutually agree to mediation before any mediation
occurs, and neither party has any obligation under this
Agreement to mediate a Dispute. Mediation is completely
voluntary and is not a prerequisite to arbitration of a Dispute.
The Company will pay all of the fees and costs of pre-
arbitration Mediation.
Statute of Limitations: To the extent I initiate Pre-Arbitration
Human Resources Review or the Company and I agree to
Mediation, as outlined in the above paragraphs, the applicable
statute of limitations for my legal claims is tolled during the
course of those processes. In other words, if those processes
are initiated, the deadline for the filing of my claims is
extended by the length of time it takes for those processes to
be conducted.
5. HOW TO INITIATE ARBITRATION OF COVERED
DISPUTES
The Company and I agree that the aggrieved party must make
a written “Request for Arbitration” of any claim to the other
party no later than the expiration of the statute of limitations
(deadline for filing) that applicable state or federal law
prescribes for the claim. The parties are encouraged to make
the written Request for Arbitration of any claim as soon as
possible after the event or events in dispute so that arbitration
of any differences may take place promptly.
A written Request for Arbitration to the Company or its
officers, directors, employees, or agents shall be sent to its
Legal Department, currently at: Arbitration Intake, Sally
Beauty Holdings, Inc., 3001 Colorado Blvd., Denton, Texas
76210. I will be sent a written Request for Arbitration at the
last home address I provided in writing to the Company. The
Request For Arbitration shall, unless otherwise required by
law, clearly state “Request For Arbitration” at the beginning
of the first page and shall identify and describe the nature of
all claims asserted, the facts upon which such claims are
based, and the relief or remedy sought in accordance with
pleading standards applicable to claims for relief under the
Federal Rules of Civil Procedure. The Request for Arbitration
shall be sent to the other party by certified or registered mail,
return receipt requested, and first class mail.
6. THE ROLE OF ADMINISTRATIVE AGENCIES
Disputes may be brought before an administrative agency to
the extent applicable law permits access to an agency
notwithstanding an agreement to arbitrate covered Disputes,
including, but not limited to, claims or charges brought before
the Equal Employment Opportunity Commission, the U.S.
Department of Labor, the National Labor Relations Board, and
the Office of Federal Contract Compliance Programs.
Nothing in this Agreement shall be construed to: (i) relieve
any party of the duty to exhaust administrative remedies by
filing a charge or complaint with an administrative agency and
obtaining a right to sue notice, where otherwise required by
law, or (ii) prevent either party from cooperating with a
federal or state body as required by law. The Company will
not retaliate against me for filing a claim with an
administrative agency.
7. CLASS AND REPRESENTATIVE ACTION
WAIVERS
THE COMPANY AND I HEREBY WAIVE ANY RIGHT
FOR ANY DISPUTE TO BE BROUGHT, HEARD,
DECIDED, OR ARBITRATED AS A CLASS AND/OR
COLLECTIVE ACTION (“Class Action Waiver”).
Notwithstanding any other clause contained in this
Agreement, the preceding sentence shall not be severable from
this Agreement in any instance in which the Dispute is
brought as a class and/or collective action.
THE COMPANY AND I ALSO HEREBY WAIVE ANY
RIGHT FOR ANY DISPUTE TO BE BROUGHT, HEARD,
DECIDED, OR ARBITRATED AS A REPRESENTATIVE
ACTION (“Representative Action Waiver”). However, this
Representative Action Waiver may be severed if it would
otherwise render this Agreement unenforceable in any action
brought under a private attorneys general law, and following
severance
the representative action may be brought in a court
of law.
Notwithstanding any other clause or language contained in
this Agreement and/or any rules or procedures that might
otherwise be applicable by virtue of this Agreement or by
virtue of any arbitration organization rules or procedures that
now apply or any amendments and/or modifications to those
rules, any claim that this Class Action Waiver or
Representative Action Waiver, or any portion of this Class
Action Waiver or Representative Action Waiver, is
unenforceable, inapplicable, unconscionable, or void or
voidable, shall be determined only by a court of competent
jurisdiction and not by an arbitrator.
SBH WORKPLACE RESOLUTION PROGRAM AND
M
UTUAL AGREEMENT TO ARBITRATE CLAIMS Page 3 of 4
8. REPRESENTATION
Any party may be represented by an attorney selected by the
party. I understand and agree that I have been given the
opportunity to discuss this Agreement with my private legal
counsel and have availed myself of that opportunity to the
extent I wish to do so.
9. GOVERNING LAW
The Company and I expressly agree that this Agreement shall
be construed and interpreted, and its validity and
enforceability determined, in accordance with the Federal
Arbitration Act (9 U.S.C. §1, et seq.). The Company and I
agree that this Agreement evidences a transaction involving
interstate commerce and that the Company is engaged in
transactions involving interstate commerce.
10. PROCEDURES AND RULES
The parties shall select the neutral arbitrator and/or arbitration
sponsoring organization by mutual agreement.
If the parties are not able to mutually agree to an arbitrator
and/or arbitration sponsoring organization, the arbitration will
be held under the auspices of the American Arbitration
Association (“AAA”), and except as provided in this
Agreement, shall be in accordance with the then current
Employment Arbitration Rules of the AAA (“AAA Rules”)
(the AAA Rules are available through the Company’s Human
Resources Department or via the internet at
www.adr.org/employment). In addition, unless required
otherwise by law (including the common law), a party to an
arbitration proceeding under this Agreement may make an
offer of judgment in a manner consistent with, and within the
time limitations, consequences, and effects provided in Rule
68 of the Federal Rules of Civil Procedure. The offer shall be
served on the offeree in the same manner in which other
papers are served in the arbitral proceeding. The offer shall
not be served on the Arbitrator, except that if the offer is
accepted, either party may then file with the Arbitrator the
offer and notice of acceptance together with proof of service
thereof. The Arbitrator shall then immediately render an
award as provided by the offer, and the arbitration proceedings
shall then be terminated. If the offer is not accepted, the offer
shall not be used as evidence in the arbitration proceedings
and, following the issuance of the Arbitrator’s award, the
offeror may file a motion for costs with the Arbitrator, who
shall retain jurisdiction to decide the motion and award costs
to the offeror as warranted.
Unless the parties jointly agree otherwise, the Arbitrator shall
be either an attorney who is experienced in employment law
and licensed to practice law in the state in which the
arbitration is convened, or a retired judge from any
jurisdiction (the "Arbitrator"). Unless the parties jointly agree
otherwise, the arbitration shall take place in or near the city in
which I am or was last employed by the Company.
In the event the parties mutually choose a sponsoring
organization, or AAA is designated, the Arbitrator shall be
selected as follows: The organization selected shall give each
party a list of eleven (11) arbitrators drawn from its panel of
arbitrators. Each party shall have ten (10) calendar days from
the postmark date on the list to strike all names on the list it
deems unacceptable. If only one common
name remains on
the lists of all parties, that individual shall be designated as the
Arbitrator. If more than one common name remains on the
lists of all parties, the parties shall strike names alternately
from the list of common names until only one remains, with
the party asserting the initial claim to strike first. If no
common name remains on the lists of all parties, the selected
organization shall furnish an additional list of eleven (11)
arbitrators from which the parties shall strike alternately, with
the party asserting the initial claim striking first to be
determined by a coin toss, until only one name remains. That
person shall be designated as the Arbitrator.
11. DISCOVERY AND SUBPOENAS
Each party shall have the right to take the deposition of one
individual and any expert witness designated by another party.
Each party also shall have the right to propound requests for
production of documents to any party. Additional discovery
may be had by mutual agreement of the parties or where the
Arbitrator selected so orders pursuant to a request by either
party. Each party shall have the right to subpoena witnesses
and documents for the arbitration, as well as documents
relevant to the case from third parties.
12. ARBITRATION FEES AND COSTS
The party that initiates the arbitration shall pay a filing fee as
required by the organization through which the arbitration is
conducted (not to exceed the lesser of $150.00 or the court
filing fee applicable in the jurisdiction where the arbitration
will be conducted). The Company shall pay all other fees and
costs of the Arbitrator and/or that are assessed by the
organization through which the arbitration is conducted. If I
am financially unable to pay a filing fee, I will be relieved of
the obligation to pay the filing fee.
Each party shall pay for its own costs and attorneys' fees, if
any. However, if any party prevails on a claim which affords
the prevailing party attorneys' fees, or if there is a written
agreement providing for fees, the Arbitrator may award
reasonable fees to the prevailing party as provided by law. In
the event the law (including the common law) of the
jurisdiction in which the arbitration is held requires a different
allocation of arbitral fees and costs in order for this Agreement
to be enforceable, then such law shall be followed.
13. JURISDICTION OF ARBITRATOR
a) The Arbitrator may award to me or the Company any
remedy to which that party is entitled under
applicable law (including, but not limited to, legal,
equitable, and injunctive relief), but such remedies
are limited to those that would be available to a party
in his or her individual capacity in a court of law for
the Disputes presented to and decided by the
Arbitrator. The Arbitrator is without jurisdiction to
apply any different substantive law.
b) The Arbitrator shall have jurisdiction to hear and rule
on pre-hearing disputes and is authorized to hold
prehearing conferences by telephone or in person, as
the Arbitrator deems necessary. The Arbitrator shall
have the authority to hear and decide dispositive
motions and/or a motion to dismiss and/or a motion
for summary judgment by any party and shall apply
SBH WORKPLACE RESOLUTION PROGRAM AND
M
UTUAL AGREEMENT TO ARBITRATE CLAIMS Page 4 of 4
the standards governing such motions under the
Federal Rules of Civil Procedure. The Arbitrator
shall have the authority to issue appropriate
protective orders to ensure the confidentiality of the
proceedings or safeguard personal or privacy rights,
in accordance with applicable law. Should any party
refuse or neglect to appear for, or participate in, the
arbitration hearing, the Arbitrator shall have the
authority to decide the dispute based upon whatever
evidence is then before him or her.
c) The Arbitrator shall render an award by written
opinion no later than 30 days from the date the
arbitration hearing concludes or the post-hearing
briefs (if requested) are received, whichever is later,
unless the parties agree otherwise. The opinion shall
be in writing and include the factual and legal basis
for the decision.
14. JUDICIAL REVIEW
Judicial review shall be governed by the Federal Arbitration
Act. 9 U.S.C. §§ 9-11. The decision of the Arbitrator may be
entered and enforced as a final judgment in any court of
competent jurisdiction.
15. CONFIDENTIALITY
Except to the extent prohibited or otherwise required by law as
determined by the Arbitrator, the Company and I agree to
maintain the confidentiality of the arbitration, except: (i) to the
extent agreed upon otherwise, (ii) as may be otherwise
appropriate in response to a governmental agency or legal
process, (iii) as is necessary to enforce, correct, modify, or
vacate the Arbitrator's award, or (iv) if the law provides to the
contrary.
16. CONSTRUCTION
Except as provided in Section 7, “Class and Representative
Action Waivers” above, if any provision of this Agreement is
adjudged to be void, voidable, or otherwise unenforceable, in
whole or in part, such provision shall, without affecting the
validity of the remainder of the Agreement: (i) be modified to
the extent necessary to render such term or provision
enforceable preserving to the fullest extent possible the intent
and agreements herein, or (ii) to the extent such modification
is not permissible, be severed from this Agreement. All
remaining provisions shall remain in full force and effect. A
waiver of one or more provisions of this Agreement by any
party shall not be a waiver of the entire Agreement or any
other provision of the Agreement.
17. CONSIDERATION
I and the Company agree that the mutual obligations by the
Company and me to arbitrate Disputes and my employment
and/or continued employment (which, as noted in Paragraph
18, remains at will) provide adequate consideration for this
Agreement.
18. AT WILL EMPLOYMENT
I understand and agree that this Agreement does not in any
way alter the “at-will” status of my employment.
19. SOLE AND ENTIRE AGREEMENT
I agree that this is the complete agreement of the parties on the
subject of arbitration of Disputes. This Agreement shall
survive the termination of my employment and the expiration
of any benefit. No party is relying on any representations, oral
or written, on the subject of the effect, enforceability, or
meaning of this Agreement, except as specifically set forth in
this Agreement. This Agreement does not supersede any
restrictive covenant(s) or confidentiality obligations entered
into by me and the Company. Notwithstanding any contrary
language, if any, in any Company policy or handbook, this
Agreement may not be modified, revised, or terminated absent
a writing signed by both parties.
BY SIGNING BELOW, I ACKNOWLEDGE THAT I
HAVE CAREFULLY READ AND UNDERSTAND THIS
AGREEMENT AND AGREE TO ITS TERMS. I AGREE
THAT BY SIGNING THIS AGREEMENT, THE
COMPANY AND I ARE GIVING UP OUR RIGHTS TO
A JURY TRIAL AND THAT PURSUANT TO THE
TERMS OF THIS AGREEMENT, WE ARE AGREEING
TO ARBITRATE DISPUTES COVERED BY THIS
AGREEMENT.
___________________________ _____________________________________________
Signature Address
___________________________ ___________________
Printed Name Date
President and Chief Executive Officer
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