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DISPUTE RESOLUTION BY BINDING ARBITRATION: PLEASE READ THIS CAREFULLY. IT AFFECTS YOUR RIGHTS.
Summary:
Most customer concerns can be resolved quickly and to the customer’s satisfaction by calling our customer
service department at (866) 395-1045. In the unlikely event that AeroSki’s customer service department is unable
to resolve a complaint to your satisfaction (or if AeroSki has not been able to resolve a dispute between us after
attempting to do so informally or through mediation), we each agree to resolve those disputes through binding
arbitration or small claims court instead of in courts of general jurisdiction. Arbitration is more informal than a
lawsuit in court. Arbitration uses a NEUTRAL ARBITRATOR instead of a judge or jury. You thus GIVE UP YOUR
RIGHT TO GO TO COURT to assert or defend your rights under this contract (EXCEPT for matters that may be
taken to SMALL CLAIMS COURT). You are entitled to LEGAL REPRESENTATION and a FAIR HEARING, BUT
the arbitration procedures, including discovery, are SIMPLER, MORE LIMITED AND USUALLY FASTER THAN
PROCEEDINGS IN COURT. Arbitration decisions are as enforceable as any court order BUT ARE SUBJECT TO
VERY LIMITED REVIEW BY A COURT. Arbitrators can award the same damages and relief that a court can award.
Any arbitration under this Agreement will take place on an INDIVIDUAL BASIS; CLASS ARBITRATIONS AND
CLASS ACTIONS ARE NOT PERMITTED. For any non-frivolous claim that does not exceed $75,000, AeroSki will
pay all costs of the arbitration. Moreover, in arbitration you are entitled to recover attorneys’ fees from AeroSki to
at least the same extent as you would be in court. In addition, under certain circumstances (as explained below),
AeroSki will pay you more than the amount of the arbitrator’s award and will pay your attorney (if any) twice his
or her reasonable attorneys’ fees if the arbitrator awards you an amount that is greater than what AeroSki has
offered you to settle the dispute.
ARBITRATION AGREEMENT
(1) AeroSki and you agree to arbitrate all disputes and claims between us. This agreement to arbitrate is intended
to be broadly interpreted. It includes, but is not limited to:
• claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort,
statute, fraud, misrepresentation or any other legal theory;
• claims that arose before this or any prior Agreement (including, but not limited to, claims relating to advertising);
• claims that are currently the subject of purported class action litigation in which you are not a member of a
certied class; and
• claims that may arise after the termination of this Agreement.
References to AeroSki,” “you,” and “us” include our respective subsidiaries, afliates, agents, employees, prede-
cessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneciaries of
products and services under this or prior Agreements between us. Notwithstanding the foregoing, either party
may bring an individual action in small claims court. This arbitration agreement does not preclude you from
bringing issues to the attention of federal, state, or local agencies, including, for example, the Federal Trade Com-
mission or Consumer Product Safety Commission. Such agencies can, if the law allows, seek relief against us on
your behalf. You agree that, by entering into this Agreement, you and AeroSki are each WAIVING THE RIGHT TO A
TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION. This Agreement evidences a transaction in interstate
commerce, and thus the Federal Arbitration Act governs the interpretation and enforcement of this provision.
This arbitration provision shall survive termination of this Agreement.
(2) A party who intends to seek arbitration must rst send to the other, by certied mail, a written Notice of Dis-
pute (“Notice”). The Notice to AeroSki should be addressed to: Ofce for Dispute Resolution, AeroSki, 4095 State
Road 7 Ste L216, Wellington, FL 33449 (“Notice Address”). The Notice must (a) describe the nature and basis of
the claim or dispute; and (b) set forth the specic relief sought (“Demand”). If AeroSki and you do not
reach an agreement to resolve the claim within 30 days after the Notice is received, you or AeroSki may
commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made
by AeroSki or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount,
if any, to which you or AeroSki is entitled.
(3) After AeroSki receives notice at the Notice Address that you have commenced arbitration, it will
promptly reimburse you for your payment of the ling fee, unless your claim is for greater than $75,000.
(The ling fee currently is $125 for claims under $10,000 but is subject to change by the arbitration
provider. If you are unable to pay this fee, AeroSki will pay it directly upon receiving a written request
at the Notice Address.) The arbitration will be governed by the Commercial Arbitration Rules and the
Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American
Arbitration Association (“AAA”), as modied by this Agreement, and will be administered by the AAA.
The AAA Rules are available online at adr.org, by calling the AAA at 1-800-778-7879, or by writing to the
Notice Address. The arbitrator is bound by the terms of this Agreement. All issues are for the arbitrator
to decide, except that issues relating to the scope and enforceability of the arbitration provision are for
the court to decide. Unless AeroSki and you agree otherwise, or the arbitrator directs otherwise, any
arbitration hearings will take place in the county of your billing address. If your claim is for $10,000 or
less, we agree that you may choose whether the arbitration will be conducted solely on the basis of
documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as
established by the AAA Rules. If your claim exceeds $10,000, the right to a hearing will be determined by
the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue
a reasoned written decision sufcient to explain the essential ndings and conclusions on which the
award is based. Except as otherwise provided for herein, AeroSki will pay all AAA ling, administration,
and arbitrator fees for any arbitration initiated in accordance with the notice requirements above. (Each
party shall pay the fees and costs of its own counsel, experts and witnesses.) If, however, the arbitrator
nds that either the substance of your claim or the relief sought in the Demand is frivolous or brought
for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure
11(b)), then the payment of all such fees will be governed by the AAA Rules. In such case, you agree to
reimburse AeroSki for all monies previously disbursed by it that are otherwise your obligation to pay
under the AAA Rules. In addition, if you initiate an arbitration in which you seek more than $75,000 in
damages, the payment of these fees will be governed by the AAA rules.
(4) If, after nding in your favor in any respect on the merits of your claim, the arbitrator issues you an
award that is greater than the value of AeroSki’s last written settlement offer made before an arbitrator
was selected, then AeroSki will:
° pay you the amount of the award or $5,000 (“the alternative payment”), whichever is greater; and
• pay your attorney, if any, twice the amount of attorneys’ fees, and reimburse any expenses (including
expert witness fees and costs) that your attorney reasonably accrues for investigating, preparing, and
pursuing your claim in arbitration (“the attorney premium”).
If AeroSki did not make a written offer to settle the dispute before an arbitrator was selected, you and
your attorney will be entitled to receive the alternative payment and the attorney premium, respectively,
if the arbitrator awards you any relief on the merits. The arbitrator may make rulings and resolve dispu-
tes as to the payment and reimbursement of fees, expenses, and the alternative payment and attorney
premium at any time during the proceeding and upon request from either party made within 14 days of
the arbitrator’s ruling on the merits.
ARBITRATION
