If any dispute cannot be amicably resolved between us, Habana Outpost and I agree that all past, present, and future disputes arising out of or relating to (a) my application to work for Habana Outpost, (b) my employment, including wage and labor claims and termination, (c) the relationships created by your application or employment with Habana Outpost, including disputes with any of Habana Outpost’s Related Companies, owners (including Sean Meenan), employees, and/or agents, and/or (d) this Agreement or any other agreement or documents arising out of or related to my employment with Habana Outpost (collectively, “Dispute”), shall be finally resolved through a mandatory, binding arbitration conducted in New Orleans, Louisiana. Any party to the Dispute may start the arbitration process by sending written notice to the other parties to the Dispute (“Arbitration Notice”). Each party to the arbitration shall select an agent and those agents shall then select an arbitrator to hear the dispute. If the parties’ agents cannot agree on an arbitrator within 90 days from the Arbitration Notice, then any party to the arbitration may apply to the courts in the State of Louisiana, Orleans Parish, or if jurisdiction can be acquired, in the United States District Court for the Eastern District of Louisiana, for the sole purpose of having the court judicially select an arbitrator. The parties’ agree the arbitrator shall have authority to resolve any Dispute relating to the interpretation, applicability, enforceability, or formation of this Agreement or any other agreement or documents, including any claim that all or any part of this Agreement or the other agreements and/or documents and/or any other arbitration agreements are unconscionable or void or voidable as well all other defenses that may be raised by a party against the arbitrability of a Dispute or the arbitrator’s authority to render a judgment for and/or against that party and the parties agree to look to the arbitrator for the resolution of any such issues and not any federal, state, or local court or agency.

The arbitrator may conduct the hearing on the dispute as he or she sees fit, including making any evidentiary decisions, provided the arbitrator shall act to streamline the proceedings, including discovery, for a fair, quick, cost-effective resolution for the parties. Unless the arbitrator determines the law requires otherwise, each party shall bear its own costs related to the arbitration, while the cost of the arbitrator shall be split evenly between the parties.

ALL DISPUTES MUST BE BROUGHT IN THE PARTY’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE ACTION, OR NON-PAGA REPRESENTATIVE PROCEEDING (COLLECTIVELY “CLASS ACTION WAIVER”). THE ARBITRATOR SHALL NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS OR ENGAGE IN ANY CLASS ARBITRATION. YOU AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND HABANA OUTPOST ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS OR COLLECTIVE ACTION.

This Arbitration Agreement shall be governed by the Federal Arbitration Act, which controls, and the Agreement shall be construed, and the rights and obligations of the parties hereunder shall be determined, in accordance with the laws of the State of Texas. The arbitrator shall have authority to order any relief recoverable under all applicable laws to the Dispute, including federal and Louisiana law.

I agree that Café Habana NOLA LLC and Habana Outpost’s Related Companies and their owners, employees, and/or agents (collectively, Habana Outpost) are third party beneficiaries to this Agreement and may enforce this Agreement against me for all Disputes covered by this Agreement. Habana Outpost’s Related Companies means all companies that have common ownership (full or partial) or shared intellectual property with Café Habana NOLA LLC Inc or Habana Brooklyn LLC, including Big Casa LLC, BKLB LLC, Café Habana Inc, Habana Holdings LLC, Habana Works Inc, Café Habana International, LLC, Habana New Orleans Inc, Esplanade NOLA LLC, Habana To Go Brooklyn LLC, and Habana International LLC.

This Agreement shall survive termination of your employment.