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tort waiver stipulation (?)

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C

Crippledlion

Guest
What is the name of your state? VA, USA

My employer recently lost their contract WMATA (Washington metro) and the company that picked it up is taking on its drivers as sun-contractors, not employees. (I am a driver). My concern is that there is one particular stipulation thats sending off red lights in my head, stated below:

17. In the event of any dispute under this agreement, Driver agrees to waive his/her right to a jury trial and agrees to pay all court cost and attorney fees of *company name* for any collection under this agreement

So, my understanding of this is that if I have to take said company to court for any reason (even if I am in the right and win the decision) then I waive the right to a jury trial and have to pay their costs. Am I correct?

This seems very strange to me, as I have never seen this in a sub-contractor's agreement before. Is this common? And if nessecary, can a judge over rule it once I sign the contract?
 


HomeGuru

Senior Member
Crippledlion said:
What is the name of your state? VA, USA

My employer recently lost their contract WMATA (Washington metro) and the company that picked it up is taking on its drivers as sun-contractors, not employees. (I am a driver). My concern is that there is one particular stipulation thats sending off red lights in my head, stated below:

17. In the event of any dispute under this agreement, Driver agrees to waive his/her right to a jury trial and agrees to pay all court cost and attorney fees of *company name* for any collection under this agreement

So, my understanding of this is that if I have to take said company to court for any reason (even if I am in the right and win the decision) then I waive the right to a jury trial and have to pay their costs. Am I correct?

This seems very strange to me, as I have never seen this in a sub-contractor's agreement before. Is this common? And if nessecary, can a judge over rule it once I sign the contract?
**A: that can't be the entire clause in the contract. Isn't there also a binding arbitration clause?
 
C

Crippledlion

Guest
Sorry, not sure what a binding arbitration clause is. I posted the complete text of that particular clause. there was nothing else in the contract regarding disputes...
 

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