Your personal information acquired by Britt Worldwide, LLC will not be used for purposes outside of Britt Worldwide, LLC. This information will be held in confidence and not be sold to outside entities.
All disputes, claims, or controversies arising out of or related to this Agreement, or the breach, termination, enforcement, interpretation or validity thereof, or BSM including, but not limited to, any claims or disputes against BWW and IBO, regardless if they arise before or after the termination of this Agreement, shall be resolved in accordance with the Conciliation and Arbitration process set forth in Rule 11 of the Amway Rules of Conduct, a copy of which is found at www.amway.com.
As a registered member of Britt Worldwide, LLC, I agree that any dispute with Britt Worldwide, LLC or any member of Britt Worldwide, whether based in contract, tort or otherwise, in any way arising out of my membership or privileges enjoyed through my participation with Britt Worldwide, LLC or any of the members of Britt Worldwide, shall be resolved exclusively by binding arbitration in accordance with the Federal Arbitration Act (9 U.S.C. Section 1, et. seq.) (“Arbitration Act”) and the Commercial Arbitration Rules (“Rules”) of the American Arbitration Association (“AAA”), in accordance with the following procedures; provided, however, before initiating arbitration, the parties shall attempt in good faith to resolve or cure all disputes between them by following the pre-arbitration dispute resolution provisions set forth herein. Either party wishing to resolve or cure a dispute may give notice thereof to the other party. Within five (5) days after delivery of such notice, each party’s designation representative shall meet to discuss and to attempt to resolve or cure such dispute. If they are unable to do so within thirty (30) days after delivery of such notice, both parties may pursue any rights and remedies pursuant to the arbitration provisions herein.
(a) Initiation, Arbitrators and Location. The party desiring arbitration shall so notify the other party, identifying in reasonable detail the matters to be arbitrated and the relief sought. The arbitration shall be before a three person-panel of neutral arbitrators selected by the parties from a list of potential arbitrators submitted by the AAA in the manner established by the Commercial Rules. In the event that any party fails to select arbitrators as required herein, the AAA shall make such selection for the party or parties. In the event of any inconsistency between this Agreement and the Rules, this Agreement shall govern. All matters arbitrated hereunder shall be arbitrated in Atlanta, Georgia. As used in this Agreement, the term “party” shall include any Member or Members and/or Britt Worldwide if involved as a party in an arbitrated matter.
(b) Statute of Limitations; Commencement; Hearing. All statutes of limitations which otherwise would be applicable to an action brought by a party in court shall be applicable in any such arbitration proceeding, and the commencement of an arbitration proceeding under this Agreement shall be deemed commenced upon the giving of notice by one party to the other party or parties in accordance with this (a) of this Agreement hereof. The arbitrator(s) shall conduct a hearing no later than forty-five (45) days after submission of the matter to arbitration, and a decision shall be rendered by the arbitrator(s) within ten (10) days of the hearing. At the hearing, the parties shall present such evidence and witnesses as they may choose, with or without counsel. Adherence to formal rules of evidence shall not be required but the arbitrator(s) shall consider any evidence and testimony that are determined to be relevant, in accordance with procedures that are determined to be appropriate. Any award entered in an arbitration shall be made by a written opinion stating the reasons for the award made.
(c) Fees and Costs. The arbitrator(s) shall be entitled to a fee commensurate with the fees for professional services requiring similar time and effort of such arbitrator. The arbitrator(s) shall have the authority to retain the services of a neutral judge or attorney (whose fees shall be treated as an arbitrator’s fees) to assist in administering the arbitration and conducting any hearings and taking evidence at such hearings or otherwise. The fees of the arbitrator(s) and other costs of the arbitration and the reasonable attorney fees, expert witness fees and costs of the prevailing party shall be borne by the non-prevailing party. In a written opinion, the arbitrator(s) shall, after comparing the respective positions asserted in the arbitration claim and answer thereto, declare as the prevailing party whose position was closest to the arbitration award (not necessarily the party in favor of which the award on the arbitration claim is rendered) and declare the other party to be the non-prevailing party. The arbitration award shall include an award of the fees and costs provided by this Section (c) against the non-prevailing party.
(d) Award; Miscellaneous Provisions. The arbitration may be entered in the Circuit Court of North Carolina, and each party hereto specifically consents to venue and jurisdiction in the Circuit Court of North Carolina, with respect to any award so entered. The arbitrator(s) shall not act as amiable compositeur(s). No provision of, or the exercise of any rights under, this Agreement shall limit the right of any party to exercise (in addition to its rights to arbitrate) any self-help remedies or to realize upon or foreclosure against any collateral or security whether pursuant to a power of sale or by judicial foreclosure or otherwise before, after or during the pendency of any arbitration, nor shall anything in this Agreement be construed to prevent the parties from seeking preliminary relief for breaches of this Agreement from a court of law or equity, including, but not limited to, a temporary restraining order or temporary injunction. A party’s seeking preliminary relief from a court of law or equity shall not constitute a waiver of that party’s arbitration rights under this Agreement.
(e) Ticket/Event Purchases. The ticket purchaser/holder (Holder) voluntarily assumes all risk of loss or injury arising out of attendance at Event. Holder may be ejected from Event for violation of facility rules, illegal activity, or misconduct. Children and nursing infants are not allowed to attend the general sessions. Holder may not make any audio or video recordings of the Event, nor sell, transmit, or aid in transmitting any audio or video recordings of Event. By choosing to attend, Holder expressly authorizes Britt Worldwide, LLC (“BWW”) and its agents and licensees to use Holder’s image or likeness in connection with any live or recorded transmission or reproduction of Event. This Event is conducted by BWW, Approved Providers of training and motivational services, and is produced and managed by Trinity Motivation, LLC. Neither the Event nor the content of any presentation at Event has been reviewed or endorsed by any other entity. This admission ticket is subject to the refund policy set forth at Rule 188.8.131.52 of the Amway Rules of Conduct. Holder is entitled to a refund of the purchase price of the ticket, so long as the ticket was purchased for the personal use of Holder, Holder provides evidence of personal attendance at the Event, and demand for refund must be made to BWW within thirty (30) days of the Event. Liability for refund is limited to the price paid for the admission ticket, exclusive of any expense incurred in consequence of or related to attendance, including, but not limited to, travel, meals, or lodging. Demand for refund must be made to BWW. While the techniques and approaches suggested at Event have worked for others, no one can guarantee that these techniques and approaches will work for Holder. BWW hopes, however, that the ideas presented here will assist Holder in developing a strong and profitable business. This Event is presented independently of Amway. Purchase of this ticket is optional. Purchase or use of this ticket constitutes acceptance of these terms.
(f) Application of Federal Arbitration Act. The Arbitration Act shall apply to the construction and interpretation of this Agreement. The Members acknowledge and agree that the transactions contemplated by this Agreement, and any disputes which may arise hereunder or in relation to or involving this Agreement, involve interstate commerce and the performance of the obligations of the parties hereunder involve substantial interstate activities.