Broker Carrier Arbitration Agreement
Last Updated: June 30, 2025
Curri Inc. (“Broker”), a corporation organized under the laws of Delaware with its principal place of business in California, and the undersigned carrier and its authorized representative (both in its capacity as an authorized representative and in his or her individual capacity) (“Carrier”), hereby enter into this Arbitration Agreement (“Arbitration Agreement”). Carrier is entering this Agreement in connection with Carrier’s creation of a Carrier Account on Broker’s hosted software and mobile applications which allow shippers to arrange for delivery services from third party motor carriers (the “Platform”). Along with this Arbitration Agreement, Broker and Carrier have entered into a Carrier/Broker Agreement (the “CBA”) in connection with Carrier’s creation of a Carrier Account on the Platform. Capitalized terms used but not defined in this Agreement have the meanings assigned to them in the CBA.
Important Information Regarding This Arbitration Agreement
If Carrier elects to sign this Arbitration Agreement, it will preclude Carrier from bringing any claims in court and waives Carrier’s right to a jury trial. Whether to agree to arbitration is an important business decision. Carrier should take reasonable steps to conduct further research and to consult with others—including Carrier’s attorney—regarding the consequences of Carrier’s decision, just as Carrier would when making any other important business decision.
1. Disputes Covered by this Arbitration Agreement
Except as provided in Section 2, any claim, controversy, or dispute between the Parties, or arising out of or relating to the relationship between the Parties (including any request for preliminary or other injunctive relief), whether arising before or after this Arbitration Agreement is signed (together, “Claims”) must be submitted to final and binding arbitration to be administered by JAMS. For the avoidance of doubt, Claims include but are not limited to claims (i) arising out of or relating to any acts, omissions, conditions, or events taking place during the term of this Arbitration Agreement, including without limitation Carrier’s use of the Platform and performance of Services in connection therewith; (ii) arising out of or relating to the CBA or any other agreement entered into between the parties upon the creation of Carrier’s account on Broker’s or other written contract between the Parties; (iii) of breach of contract, tort, fraud, and any cause of action arising under the statutes, regulations, or common law of any governmental authority, whether local, state, federal, or foreign, including but not limited to claims arising under the Fair Labor Standards Act or the Federal Leasing Regulations; and (iv) asserted against a Party or a Party’s customer by workers engaged by the other Party, regardless of how those workers are classified and what type of claims they assert. BY AGREEING TO ARBITRATION, THE PARTIES UNDERSTAND THEY ARE WAIVING THEIR RIGHT TO A JURY TRIAL. The arbitration must be conducted in accordance with the procedure described in this Arbitration Agreement and the Commercial Arbitration Rules (and related arbitration rules governing requests for preliminary or other injunctive relief) of JAMS (found at www.jamsadr.com). If the JAMS is unable to serve as the administrator, the American Arbitration Association (“AAA”) (www.adr.org). shall serve as the administrator. The Parties agree this Arbitration Agreement is governed by the Federal Arbitration Act (9 U.S.C. § 1 et seq.) (“FAA”) and is not exempt from the FAA. In the event, and only in the event, that the FAA is held not to apply, this Arbitration Agreement will be governed by the arbitration act of the state where the Carrier’s business is primarily located.
2. Claims Not Covered by this Arbitration Agreement
The arbitration clause of Section 1 shall not apply to the following:
2.1 Claims for workers compensation, state disability insurance, or unemployment insurance benefits.
2.2 Claims brought before an administrative agency if applicable law permits access to such an agency notwithstanding the existence of an agreement to arbitrate. Such administrative claims include without limitation claims or charges brought before the Equal Employment Opportunity Commission (www.eeoc.gov), the U.S. Department of Labor (www.dol.gov), the National Labor Relations Board (www.nlrb.gov), and the Office of Federal Contract Compliance Programs (www.dol.gov/esa/ofccp). Nothing in this Arbitration Agreement shall be deemed to excuse a Party from bringing an administrative claim before any agency in order to fulfill the Party's obligation to exhaust administrative remedies before making a claim in arbitration.
2.3 Statutory claims for public injunctive relief but only until an arbitrator can be appointed and only if such relief is exigent.
2.4 Any other claim for which it is unlawful for the parties to agree to arbitrate as a matter of federal law or state law that is not preempted by federal law.
3. Issues Delegated to an Arbitrator
An arbitrator shall decide all issues arising out of or relating to the interpretation or application of this Arbitration Agreement, including the enforceability, revocability or validity of this Arbitration Agreement or any portion of it, except the issue of the availability of class, collective, consolidated, or representative arbitration of claims, which issue shall be reserved to a court.
4. Individualized Arbitration And Class Action Waiver
All claims in arbitration must be brought on an individual basis. To the maximum extent permitted by law, the parties waive any right to proceed in court on a class, collective, or similar basis. The arbitrator has no authority to consolidate or join more than one person’s claims; may not award relief to, on behalf of, or affecting any person or entity that is not a party to the proceeding.
The Parties intend for this Agreement to extend to the fullest extent possible to claims brought pursuant to the California Private Attorneys General Act, Labor Code § 2698 et seq. (“PAGA”), and any similar state statute. If a claim is pursued under PAGA or a similar statute, it must first be pursued individually in arbitration. The arbitrator may not allow a PAGA claim or similar claim to proceed in arbitration except as to Carrier’s individual claim, and any non-individual claim that can proceed in court apart from an individual claim must be stayed while the individual claim proceeds in arbitration. Any dispute concerning the scope or validity of this Section 4 shall be decided by a court of competent jurisdiction and not the arbitrator.
5. Filing of Arbitration Demand
The Party with a Claim shall provide written notice to the other Party clearly identifying the claimant, the factual support for the Claims, and the relief to be requested, within the same limitations period that would apply to the bringing of any such claim in court.
6. Arbitration Procedure
The Arbitrator shall be selected by agreement of the Parties. Unless the Parties agree otherwise, the Arbitrator shall be an attorney licensed to practice in the location where the arbitration proceeding will be conducted or a retired federal or state judicial officer who presided in the jurisdiction where the arbitration will be conducted. If the Parties cannot agree to an Arbitrator, the Arbitrator shall be selected pursuant to the administrator’s rules. The location of the arbitration shall be in a city agreed to by the Parties or, absent such agreement: (i) the County of Ventura, in the State of California or (ii) if Carrier is not headquartered or does not reside within 100 miles of that county, the county in which Carrier is headquartered or resides. In the arbitration, the Parties shall have the right to conduct adequate civil discovery, bring dispositive motions, and present witnesses and evidence as needed to present their cases and defenses, and any disputes in this regard shall be resolved by the Arbitrator. In addition, the arbitrator has the authority to issue subpoenas to third parties and to enforce Offers of Judgment as under Rule 68 of the Federal Rules of Civil Procedure. The arbitrator shall apply, and shall not deviate from, the statutes of limitations and substantive law of the state in which the claim(s) arose and/or federal law, as applicable.
7. Arbitration Expenses and Attorneys’ Fees
Both Parties agree to be fully and finally bound by the arbitration award, and, where allowed by law, a judgment may be entered on the award in any court having jurisdiction thereof.
8. Post-Arbitration Procedure
Within 30 days of the close of the arbitration hearing (which period may be extended by stipulation of the Parties), any Party shall have the right to prepare, serve on the other Party, and file with the Arbitrator a post-arbitration brief. Except as provided in the waiver provision of Section 4 of this Arbitration Agreement, the Arbitrator may award any Party any remedy to which that Party is entitled under applicable law and which would otherwise be available in a court of law for the claims presented to and decided by the Arbitrator. The Arbitrator shall issue a decision or award in writing, stating the essential findings of fact and conclusions of law. A court of competent jurisdiction shall have the authority to enter a judgment upon the award made pursuant to the arbitration.
9. Severability and Waiver
If any provision (including any sentence or part of a sentence) of this Arbitration Agreement is declared unenforceable, this Arbitration Agreement shall be void only as to the provision (or sentence or part of a sentence), and this Arbitration Agreement shall remain otherwise binding between the Parties. Neither a judge nor arbitrator has the power to override the Parties’ express agreement that any claims in arbitration can only proceed individually.
10. Benefit and Assignment
This Arbitration Agreement shall be binding upon and inure to the benefit of the Parties to this Arbitration Agreement and their respective successors. Neither Party shall be authorized to assign or subcontract this Arbitration Agreement or any rights or obligations under it without the prior written consent of the other Party.
11. Confidentiality and Nondisclosure
Except to the extent applicable law provides otherwise, the Parties agree to keep confidential and not to disclose (and shall make all reasonable best efforts to cause their employees, agents, and attorneys to keep confidential and not to disclose) the existence and/or terms of any decision (whether final or otherwise) issued by an arbitrator concerning a Claim except (i) as authorized in writing by the non-disclosing Party; (ii) as required by law; (iii) as ordered by a court, administrative, or governmental entity, or (iv) to the Party’s attorney.
12. Completeness and Amendments
This Arbitration Agreement constitutes the entire agreement between Broker and Carrier regarding the resolution of disputes between the Parties, and fully replaces and supersedes all prior and contemporaneous agreements, representations, and understandings regarding the same. No modification or amendment to this Arbitration Agreement is binding unless in writing and signed by both Broker and Carrier.
By entering into this Agreement, the Parties knowingly and voluntarily waive the right to file a lawsuit against each other or proceed in front of a judge or jury, except as described above.
In addition to any other means by which Carrier may reasonably their acceptance, by checking the applicable checkbox indicating acceptance when creating a User account for the Platform (or when acknowledging and accepting Curri’s updated terms, as applicable), Carrier is entering into and accepting this Agreement.
