Arbitration and Class Action Waiver Disclosure

The student and ECPI University (“ECPI”) agree as follows:

• Any dispute the student may bring against ECPI, or any of its parents, subsidiaries, officers, directors, or employees, or which ECPI may bring against the student, no matter how characterized, pleaded or styled, shall be resolved by binding arbitration conducted by the American Arbitration Association (the “AAA”), under its Consumer Arbitration Rules (“Consumer Rules”), with the exception that the arbitrator appointment process shall be governed by AAA Commercial Rule 12(a)-(b).  The arbitration shall be conducted and decided by a single Arbitrator.  Any remedy available from a Court under the law shall be available in the arbitration.  The arbitration hearing will be conducted in the city in which the campus is located. 
• Notice Regarding Borrower Defense Claims: The student understands this Agreement is a condition of enrollment in ECPI.  This Agreement does not, in any way, limit, relinquish, or waive the student’s ability to pursue filing a borrower defense claim at any time.  This Agreement does not require that the student participate in arbitration or any internal dispute resolution process offered by ECPI prior to filing a borrower defense to repayment application with the US Department of Education.
• The Federal Arbitration Act (“FAA”) shall govern the interpretation, scope, and enforcement of this Agreement.  Any and all disputes concerning the interpretation, scope, and enforcement of this Agreement shall be decided exclusively by a Court of competent jurisdiction, and not by the Arbitrator.
• Both ECPI and the student explicitly waive any right to a jury trial.  The student understands that the decision of the Arbitrator will be binding, and not merely advisory.  The award of the Arbitrator may be entered as a judgment in any Court having jurisdiction. 
• The student agrees that any dispute or claim they may bring shall be brought solely in their individual capacity, and not as a plaintiff or class member in any purported class action, representative proceeding, mass action, consolidated or joint action.     
• This Agreement does not affect either party’s right to seek relief in small claims court for disputes or claims within the scope of the small claims court’s jurisdiction.
• The student may, but need not, be represented by an attorney at arbitration.
• Except as specifically required by any applicable state laws, usually the State of Virginia, the fact of and all aspects of this arbitration and the underlying dispute shall remain strictly confidential by the parties, their representatives, and the AAA. The student agrees that any actual or threatened violation of this provision would result in irreparable harm, and will be subject to being immediately enjoined.
• The student understands the information about the AAA arbitration process and the AAA Consumer Rules can be obtained at www.adr.org.  The student shall disclose this Agreement to the AAA if they file an arbitration.
• If any part of this Agreement is declared unenforceable or invalid, it shall be severable, and the remainder of this Agreement shall continue to be valid and enforceable.
• The student will acknowledge and give their consent to use an electronic signature to bind them to the Agreement.  The student will further acknowledge that the electronic signature attached to the document during enrollment was created by them as a voluntary and knowing act that represents their intent to be legally bound. 
• The following provision only applies when the U.S. Department of Education’s Final Regulations, 87 Federal Register 65,904 (November 1, 2022), are effective, and the Final Regulations are set to become effective on July 1, 2023. The following provision regarding arbitration agreements and class action waivers shall not apply if this provision is no longer required under 34 C.F.R. § 685.300. Additionally, this provision only applies to Federal Direct Loan borrowers or students for whom a Federal Direct PLUS Loan was obtained:

ECPI agrees that neither we nor anyone else will use this agreement to stop the student from bringing a lawsuit concerning our acts or omissions regarding the making of the Federal Direct Loan or the provision by ECPI of educational services for which the Federal Direct Loan was obtained. The student may file a lawsuit for such a claim, or the student may be a member of a class action lawsuit for such a claim even if they do not file it. This provision does not apply to lawsuits concerning other claims. ECPI agrees that only the court is to decide whether a claim asserted in the lawsuit is a claim regarding the making of the Federal Direct Loan or the provision of educational services for which the loan was obtained.

ECPI agrees that this agreement cannot be used to stop the student from being part of a class action lawsuit in court. The student may file a class action lawsuit in court, or they may be a member of a class action lawsuit even if they do not file it. This provision applies only to class action claims concerning ECPI acts or omissions regarding the making of the Direct Loan or our provision of educational services for which the Direct Loan was obtained. We agree that the court has exclusive jurisdiction to decide whether a claim asserted in the lawsuit is a claim regarding the making of the Federal Direct Loan or the provision of educational services for which the loan was obtained.