Mendry — Enrollment Coordinator Arbitration Agreement Document ID:
Mendry, Inc.Enrollment Coordinator Arbitration Agreement-v1.0
Effective Date: 2025-11-16
Contact: coordinators@mendry.org
Mendry, Inc. ("Mendry") is a nonprofit charitable organization recognized as tax-exempt under IRS 501(c)(3). Mendry operates an education-only platform. Enrollment Coordinators (Coordinators) are independent contractors, not employees, agents, or partners of Mendry.
By enrolling, renewing, or continuing to act as a Mendry Enrollment Coordinator, you agree to this binding, bilateral Arbitration Agreement (the "Agreement"). It applies to any covered Dispute as defined below. You understand you are waiving any right to a jury trial and to participate in class/collective actions for covered Disputes.
1) Agreement to Arbitrate & Definition of "Dispute"
To the fullest extent permitted by law, you and Mendry agree to resolve any Dispute by binding arbitration on an individual basis, not in court.
"Dispute" means any claim, controversy, or dispute (in contract, tort, statute, regulation, or otherwise) arising out of or relating to:
- Your Coordinator membership, listing, profile, or activities on Mendry;
- Any Coordinator terms, addenda, or policies (including this Agreement); or
- Services you perform through or in connection with Mendry's coordinator program.
This Agreement is intended to be broadly interpreted in favor of arbitration, except as excluded in Section 6.
2) Independent Contractor Status (No Employment)
Nothing in this Agreement constitutes an employment, agency, or partnership relationship. You set your own fees/terms with Providers. Classification disputes are arbitrable to the fullest extent permitted by law.
3) Informal Resolution (Required First)
Before filing for arbitration, the complaining party must send a written Notice of Dispute to the other (for Mendry: coordinators@mendry.org), describing the issue and requested relief.
Both sides will try in good faith to resolve the Dispute informally for 30 days after the Notice is sent (unless a limitations period would expire sooner). If unresolved, either party may start arbitration as in Section 8.
4) Rules, Forum, Seat & Authority
- Administrator & Rules: The American Arbitration Association (AAA) administers the arbitration under its Commercial Arbitration Rules (or other applicable AAA rules), as modified by this Agreement.
- Arbitrator: A single neutral arbitrator appointed by AAA.
- Seat/Venue: Hillsborough County, Florida, is the legal seat of the county. Hearings may be conducted remotely (via video/teleconference) if permitted by the AAA and the arbitrator.
- Gateway Issues: The arbitrator decides issues of arbitrability, scope, formation, and enforceability, except that a court may choose to enforce the class/collective waiver in Section 5.
5) Class, Collective & Representative Action Waiver
Arbitration proceeds only on an individual basis. No class, collective, consolidated, or representative proceedings. The arbitrator cannot preside over such proceedings or consolidate claims.
If a court finds this waiver unenforceable for a particular claim, that claim only must proceed in court; all other claims remain arbitrable.
6) Claims Not Covered (Small Claims & Injunctive Relief)
This Agreement does not require arbitration of:
- Individual small-claims matters (or equivalent limited-jurisdiction courts) that remain in that court;
- Court actions seeking temporary/preliminary/permanent injunctive or equitable relief to protect confidential information, IP, the security/integrity of Mendry's platform, or to enforce this Agreement's arbitration provisions.
Filing such limited actions does not waive arbitration for other Disputes.
7) Fees, Costs & Attorneys' Fees
- AAA/Admin/Arbitrator Fees: Allocated by AAA rules and applicable law. The arbitrator may re-allocate in the final award where permitted.
- Hardship/Waivers: Any fee waiver, reduction, or deferral available under AAA rules or applicable law remains in effect.
- Attorneys' Fees/Costs: Each side pays its own attorneys' fees and costs unless (i) a statute or contract provides for fee-shifting, or (ii) the arbitrator awards fees/costs as permitted by law.
- Relief Available: The arbitrator may award any relief a court could (injunctive, declaratory, or monetary) consistent with applicable law.
8) How to Start Arbitration (Step-by-Step)
After the 30-day informal period in Section 3:
- Prepare a Demand: Use the AAA Demand for Arbitration form; identify the parties, summarize the Dispute/relief, and reference this Agreement.
- File with AAA: Submit the Demand and pay any filing fee required by AAA rules (subject to waivers/reductions).
- Send Copies: Email a copy to the other party (for Mendry: coordinators@mendry.org).
- Select Seat/Format: Note the seat is Hillsborough County, Florida; request remote hearings if preferred and permitted.
- Rule Selection/Issues: State that the AAA Commercial Rules apply, modified by this Agreement.
AAA will appoint the arbitrator and issue a scheduling order.
9) Time Limits (Filing Window)
Unless prohibited by law, any Demand must be filed within the earlier of:
- The limitations period that would apply if the claim were filed in court, or
- One (1) year after the claim accrues (as measured under applicable law).
If a law bars shortening the period for a particular claim, that law applies only to that claim.
10) Confidentiality; Discovery; Award
- Confidentiality: To the extent permitted by law, the parties will keep the proceeding, exchanges, and award confidential, except as needed to enforce/vacate the award, comply with legal obligations, or communicate with legal/financial advisors.
- Discovery: The arbitrator may allow reasonable discovery (including limited depositions) consistent with efficiency and cost control.
- Written Award: The arbitrator issues a reasoned, written award. Judgment may be entered in any court of competent jurisdiction.
11) Severability
If any provision is found unenforceable, it will be severed to the minimum extent necessary and the remainder enforced, except as in Section 5 for class/collective waiver.
12) Governing Law; FAA
This Agreement is governed by the Federal Arbitration Act (FAA) and, to the extent not inconsistent with the FAA, the laws of Florida (without regard to conflicts principles).
13) Duration & Survival
This Agreement survives termination of your Coordinator membership and continues to apply to any Dispute that arises out of or relates to your Coordinator role, whether the Dispute accrued before, during, or after your participation, and lasts for as long as any such Dispute could be timely brought under Section 9.
14) Relation to Other Terms; E-Sign
This Agreement supplements the Mendry Coordinator Program Terms and the Mendry Terms of Use. In the event of any dispute regarding arbitration or forum, this Agreement shall prevail. You consent to electronic signatures and records (ESIGN/UETA).
Acknowledgment & Signature
By signing (or electronically accepting), you:
- Acknowledge you've read and agree to this Arbitration Agreement;
- Understand you're waiving a jury trial and class/collective actions for covered Disputes; and
- Agree that this Agreement remains in effect as described in Section 13.
