Nursing Home Arbitration Agreement
Nursing Home Arbitration Agreement
This Arbitration Agreement ("Agreement") is entered into between [Your Company Name], with a legal address at [Your Company Address] ("Facility"), and the Resident (or the Resident's legal representative), with a legal address at [Resident's Address] ("Resident").
Whereas, the Facility operates a nursing home facility providing care and services to residents; and
Whereas, the Resident desires to reside at the Facility and receive care and services; and
Whereas, the parties recognize the benefits of resolving disputes efficiently and cost-effectively through arbitration;
Now, therefore, in consideration of the premises and mutual covenants contained herein, the parties agree as follows:
1. Agreement to Arbitrate
The parties agree that any dispute, controversy, or claim arising out of or relating to the Resident's stay at the Facility, including but not limited to claims for negligence, personal injury, or breach of contract, shall be resolved exclusively through binding arbitration. This Agreement constitutes a waiver of the right to a trial by jury and the right to pursue claims in court, except as provided by applicable law.
2. Arbitration Process
Arbitration shall be conducted in accordance with the rules and procedures of the American Arbitration Association (AAA) or any other mutually agreed-upon arbitration provider. The arbitrator shall be selected by mutual agreement of the parties or, if no agreement can be reached, appointed by the AAA.
3. Arbitrator's Authority
The arbitrator shall have the authority to determine the scope of the arbitration, conduct hearings, issue orders, and render a final and binding decision. The arbitrator's decision shall be enforceable in any court of competent jurisdiction.
4. Costs and Fees
Each party shall bear their own costs and fees associated with the arbitration, including attorney's fees, unless otherwise required by law. However, the Facility shall bear the costs of the arbitration itself, including the arbitrator's fees and any administrative expenses.
5. Severability
If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
6. Governing Law
This Agreement shall be governed by and construed in accordance with the laws of the State of [Jurisdiction], without regard to its conflict of laws principles.
By signing below, the parties acknowledge that they have read and understand this Agreement and voluntarily agree to be bound by its terms.
Facility
[Facility Authorized Signatory]
[Date]
Resident (or Legal Representative):
[Resident Name]/[Legal Representative]
[Date]
