- READ CAREFULLY -
It is understood and agreed by
(the "Facility") and
("Resident," or "Resident's Authorized Representative", hereinafter collectively the "Resident")
that any legal dispute, controversy, demand or claim (hereinafter collectively referred to as "claim" or "claims") that arises out of or relates to the Resident Admission Agreement or any service or health care provided by the facility to the resident, shall be resolved exclusively by binding arbitration to be conducted at a place agreed upon by the parties, or in the absence of such agreement, at the facility, in accordance with the Code of Procedure of the National Arbitration Forum ("NAF") which is hereby incorporated into this agreement,* and not by a lawsuit or resort to court process except to the extent that applicable state or federal law provides for judicial review of arbitration proceedings or the judicial enforcement of arbitration awards.
The Facility will provide for the mutual selection of a neutral arbitrator and a convenient venue to hold the arbitration.
This agreement to arbitrate includes, but is not limited to, any claim for payment, nonpayment or refund for services rendered to the resident by the facility, violations of any right granted to the resident by law or by the Resident Admission Agreement, breach of contract, fraud or misrepresentation, negligence, gross negligence, malpractice, or any other claim based on any departure from accepted standards of medical or health care or safety whether sounding in tort or in contract. However, this agreement to arbitrate shall not limit the resident’s right to file a grievance or complaint, formal or informal, with the facility or any appropriate state or federal agency.
The parties agree that damages awarded, if any, in an arbitration conducted pursuant to this Arbitration Agreement shall be determined in accordance with the provisions of the state or federal law applicable to a comparable civil action, including any prerequisites to, credit against or limitations on, such damages.
It is the intention of the parties to this Arbitration Agreement that it shall inure to the benefit of and bind the parties, their successors and assigns, including the agents, employees and servants of the facility, and all persons whose claim is derived through or on behalf of the resident, including that of any parent, spouse, child, guardian, executor, administrator, legal representative, or heir of the resident.
All claims based in whole or in part on the same incident, transaction, or related course of care or services provided by the facility to the resident, shall be arbitrated in one proceeding. A claim shall be waived and forever barred if it arose prior to the date upon which notice of arbitration is given to the facility or received by the resident, and is not presented in the arbitration proceeding.
THE PARTIES UNDERSTAND AND AGREE THAT BY ENTERING THIS ARBITRATION AGREEMENT THEY ARE GIVING UP AND WAIVING THEIR CONSTITUTIONAL RIGHT TO HAVE ANY CLAIM DECIDED IN A COURT OF LAW BEFORE A JUDGE AND A JURY.
The resident understands that (1) he/she has the right to seek legal counsel concerning this agreement, (2) the execution of this Arbitration Agreement is not a precondition to the furnishing of services to the resident by the facility, and (3) this Arbitration Agreement may be rescinded by written notice to the facility from the resident within 30 days of signature. If not rescinded within 30 days, this Arbitration Agreement shall remain in effect for all care and services subsequently rendered at the facility, even if such care and services are rendered following the resident’s discharge and readmission to the facility.
This agreement shall be governed by and interpreted under the Federal Arbitration Act, 9 U.S.C. §§ 1-16.
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