ARBITRATION AGREEMENT

BETWEEN PARTICIPANT AND CULTURAL HOMESTAY INTERNATIONAL (CHI)

This Agreement to Arbitrate is between the USA Work & Travel Participant (hereafter Participant) and
Cultural Homestay International (hereafter Sponsor or CHI).

Arbitration is the hearing and determining of a dispute or the settling of differences between parties by a
person or persons chosen or agreed to by them, at a time and location also agreed to by them. It is an
alternative to a lawsuit.

 The parties agree that an important term and condition of the sponsorship of Participant in the
United States is to resolve all disputes between them during or after the placement by Sponsor.
 The parties also recognize that Sponsor has been registered with the US State Department, and
that all aspects of Participant’s placement are regulated by federal law, including arbitration under
the Federal Arbitration Act.
 The parties recognize that Sponsor has procedures for resolving informally any disputes between
Host Employer and Participant during Participant’s stay but that resort to a neutral outside agency
or person may be necessary.

The Parties therefore agree that all controversies or claims arising out of or relating to the Participant’s
employment by the Host Employer, including but not limited to:

 Termination of employment
 All controversies or claims arising out of or relating to Sponsor’s placement of Participant with the
Host Employer including the termination of the placement
 The interpretation or application of the agreement created by Participant’s acceptance of the
employment offer by Host Employer in connection with his or her application for a visa under the
sponsorship by CHI

All controversies shall be resolved exclusively through binding arbitration in the state in which the
Participant has been placed and the location(s) of the Host Employer.

 The parties agree to arbitrate whether such controversy is grounded in common or statutory law,
or according to the contract between them.
 The arbitration shall occur before a single neutral arbitrator selected jointly by the parties.
 The controversy shall be settled by arbitration administered by either:
(1) the American Arbitration Association under its Employment Arbitration Rules
(2) by JAMS pursuant to its Employment Arbitration Rules & Procedures and subject to JAMS Policy
on Employment Arbitration Minimum Standards of Procedural Fairness.
 The parties agree that the following types of disputes are exempt:
 claims before that state’s administrative agency for his or her wages
 workers' compensation insurance claims
 criminal or regulatory actions brought by governmental agencies as a result of a report filed
by any party
 any claim for indemnification by either of them as a result of the lawsuit by a third party.
 The parties agree that CHI, as Sponsor, has no direction, control or oversight over Participant’s
work assignments, nor Participant’s pay during the placement.
 The parties further agree that CHI is a Sponsor and not a Joint Employer of the Participant with the
Host Employer. The Host Employer is the sole employer of the Participant.
  Sponsor is not a proper party in any state administrative action for pay or workers’ compensation
benefits.

It is expressly agreed that among the disputes which are to be submitted to arbitration are those disputes
or claims concerning:

 Discrimination
 Harassment
 Retaliation
 Wage
 Injury claims (excluding administrative actions)
 Wrongful discharge
 Breach of contract
 Breach of the covenant of good faith and fair dealing
 Any tort arising from the relationship or termination of the relationship
 Any alleged unlawful or wrongful act which might arise under the Age Discrimination in
Employment Act of 1967, or similar state law, the United States and state Constitutions, the
common law, Title VII of the Civil Rights Act of 1964, the Equal Pay Act, the Civil Rights Act
of 1991, the Americans with Disabilities Act, the Employee's Retirement and Income
Security Act, and any and all federal and state executive orders and other statutes and
regulations.

The parties agree that the costs of arbitration shall be paid by Sponsor with the exception of attorneys’
fees which shall be allocated by law of state in which the Host Employer’s main office is located. Judgment
upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. Each
party further acknowledges that any party may use CHI’s existing informal procedure or suggest
mediation on an informal basis prior to filing a claim for arbitration for selected disputes, but that formal
mediation must be agreed to by all parties. The parties agree that the cost of a translator for the
participant during the formal mediation, should such translator be required, shall be borne by the
Sponsor.

To request arbitration:

 Any Party should submit the request for arbitration in writing to the other parties.
 The Participant should submit the claim to the CHI’s Program Director with a copy to Tom
Areton, CHI’s CEO (chitom@chinet.org) via email.
 Claims by either party must be submitted within the same time as a claim could be brought
in a court of law in the state the Host Employer is located.
 Any failure to timely request arbitration shall operate as a failure to file within the statute
of limitations and constitute a waiver of all rights to any claims in any forum arising out of
any dispute that was subject to arbitration.
 The arbitration procedure is set forth in full on the JAMS website
(https://www.jamsadr.com/rules-employment) or AAA website
https://www.adr.org/employment.

THIS AGREEMENT IS A WAIVER OF ALL RIGHTS TO A JURY. ONLY AN ARBITRATOR WILL

DECIDE THE DISPUTE.

The Sponsor will provide a translator at its cost, should the Arbitrator request such.