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Hello, I will try to help you. Please remember I just report or interpret the law, so the outcome may not be what you hoped for. You can post the document and I will look at it.
Ok thank you. Please let me know if this requires an additional fee. But will add a tip as I just saw it can be done on this site. Thank you.
What is the particular concern you have about this agreement?
mostly the arbitration portion 14.3, not familiar with the wording
You have to explain what this software is supposed to supply because the arbitration covers things that would not arise under a software license including discrimination, fair labor standards and things of that nature. Also I see no way that you could bind any employee by this agreement especially if it does not relate to a breach of the non disclosure and use provisions of the agreement.
Its an app for receiving jobs via gps location between a professional driver and a passenger looking for a ride. We have worked with them for over 2 years now and just wanted to see if they made any changes to our agreement. In general, they partner with limousine companies (such as mine) to provide people who downloaded the passenger app to the network of available drivers. They don't own the cars or employ drivers, only the software. They collect a fee for every ride out of the app and we keep the rest. They pay us weekly via direct deposit. And they dont want us to copy their software
Then the arbitration provision is not proper. The arbitration should only relate to disputes arising out of the license agreement and nothing more. Here is the standard arbitration clause for the American Arbitration Association.
I suggest you insist on using this type of clause. If I have answered all your questions, please rate my answer excellent as that is how I am compensated. If you have more questions, please let me know. If the answer was especially helpful you can provide a bonus.
I copied too much here is the section you nee.
thanks, XXXXX XXXXX last question, can you give me an example of what the arbitration in the new agreement relates to?
Just use the part up to the "Healthcare Payor"
The following quoted language applies to things outside the license agreement. "This Arbitration
similar federal and state statutory and common law claim
Wage and hour laws relate to employees and it has no business in a licensing agreement. Same with Age Discrimination, civil Rights, etc.
If I have answered all your questions, please rate my answer excellent as that is how I am compensated. If you have more questions, please let me know. If the answer was especially helpful you can provide a bonus.
Got it thank you