Contractors Privacy Policy

Effective: February 2nd, 2023

OUR PRIVACY COMMITMENT

HOKALI, Inc., a Delaware corporation, and or any of its current or future subsidiaries, affiliates, successors or assigns (collectively, “HOKALI”, “we”, “us” or “our”) respects your privacy and strives to earn and keep your trust.

Please read this Privacy Policy to learn how we treat your personal data.

By accepting this Contractor Agreement and using our Services in any capacity, you acknowledge that you accept the practices and policies outlined below, and you consent to the collection, use, and storage of your personal information as described in this Privacy Policy. Your information may be used for contractor-related purposes, including payment processing, performance management, and compliance with legal obligations.

Please note that your relationship with HOKALI and your use of any Company services (the “Services”) are always subject to our Contractor Terms and Conditions, which incorporate this Privacy Policy. Any terms used in this Privacy Policy that are not specifically defined here will have the meanings given to them in the Contractor Terms and Conditions.

You may print a copy of this Privacy Policy by clicking here. If you have a disability, you may access this Privacy Policy in an alternative format by contacting support@HOKALI.co.

You can find information about us and how we collect, use and eventually share your personal data in each section of this Privacy Notice:

• What this Privacy Policy Covers

• What Information We Collect

• How We Use Your Personal Data

• Confidentiality & Security

• Updating or Deleting Your Personal Data

• California Privacy Rights

• Collection of Information by Third-Party sites, ad Servers, Sponsors

• Changing Our Privacy Policy

• Contacting HOKALI

What this Privacy Policy Covers

This Privacy Policy applies to information that you, as a contractor, contribute, provide, post, or make available to the Company through the use of Company services (the “Services”), or that you otherwise provide to us or authorize us to use in the course of your work with HOKALI. We are responsible for ensuring that the information you submit is used only in accordance with the terms outlined in this Privacy Policy. This Privacy Policy applies to all personal data collected or submitted through the Services in the context of your work as a contractor.

This Privacy Policy provides information on how we collect your personal data, the types of personal data we collect, how we use your personal data, with whom your personal data may be shared, how we protect it, how long we store it, and what choices you have regarding how your information is used.

By accessing the Company’s services and systems as part of your contract with HOKALI, you expressly consent to the collection, use, and disclosure of your personal data in the manner described in this Privacy Policy. If you do not provide such express consent for the use of your personal data as outlined in this Privacy Policy, you may not be able to continue using the Company’s services or fulfilling your duties under this contract.

What Information We Collect

The information we collect from you as a contractor will depend on the nature of your contract and your use of company systems and services. This information may include data that you provide directly, as well as data that we collect through your interactions with the company’s services and systems.

Based on this, the information we collect may include:

Information Relating to Your Use of Company Services and Systems — When you use our internal systems or company-provided platforms, we may track, collect, and aggregate information including, but not limited to, which pages you access on the company’s intranet, the order in which you access them, and when you access them. This information may include logging your IP address, operating system, and browser software used by you. We may also track your physical location if you use company devices or apps that have location tracking enabled, to ensure optimal connectivity and compliance with operational requirements.

We may also use cookies or other tracking technologies when you access our systems for analytics and security purposes.

Personal Data Provided Directly by You or via Third Parties — We collect personal data that you provide to us during the course of your work. This includes information such as:

• Contractor Details: Your name, contact information (email address, phone number, home address), date of birth, tax ID number (for payment purposes), and other related data.

• Identity Verification: If required for your contract, we may verify your identity using third-party vendors, which may involve providing personal data such as your photo ID, address, and other identifying details.

• Payment Information: We collect data necessary for payment processing, including banking information (for direct deposit), tax withholding details, and other compensation-related data.

• Work-Related Data: Information about your job performance, attendance records, communications related to your contract with the Company.

• Third-Party Data: If you provide references or emergency contacts, we may collect information from third-party sources as part of your application or contract process.

• Communications with the Company — We may receive personal data when you communicate with us directly via email, through our internal messaging systems, or when submitting feedback or support requests.

• Third-Party Services — We may collect personal data from third parties that provide services related to your work. This may include background check providers, payment processors, or other third-party vendors involved in administering contractor services. We may also collect data when you log in to certain systems using third-party authentication services, such as Google or Microsoft.

How We Use Your Personal Data

Information Relating to Your Use of Company Services — We use information relating to your use of company systems and services to improve the quality and efficiency of our internal operations. This may include performing statistical analyses of collective contractor data to better understand work patterns, optimize workflows, and enhance the contractor experience. Additionally, we may use this data to ensure the security of our systems and protect the company’s network from unauthorized access.

Personal Data Provided Directly by You or via Third Parties — Except as described in this policy, your personal data will not be shared with third parties without your consent. The personal data we collect from you will be processed for contractor-related purposes, including but not limited to:

• Providing Contractor Services: We may use your personal data to manage your contract, process payments, administer benefits, and send communications related to your work (e.g., project updates, performance feedback, or training materials).

• Accessing Company Services: We may use your data to enable access to company systems, tools, and resources that you require to perform your work, such as time-tracking systems, communication platforms, or project management tools.

• Responding to Requests: We may respond to your requests or concerns regarding your contract, send notices about your work status or schedule, and provide updates on company policies or changes in contract terms.

• Compliance and Legal Obligations: We may share your personal data with government authorities in response to subpoenas, court orders, or other legal processes, or to protect the company’s legal rights, property, or safety. This includes ensuring compliance with tax laws, contract regulations, or safety standards.

• Investigations and Security: If necessary, we may use your personal data to investigate potential violations of company policies, prevent or address suspected illegal activities, and ensure the safety of contractors, customers, and company assets.

We do not share your personal data for marketing purposes and ensure that any third-party vendors with whom we share your data adhere to the same privacy standards.

Confidentiality & Security

HOKALI is committed to using industry-standard physical, technical, and administrative security measures to ensure that your personal data remains confidential and secure. We will not share your personal data with third parties except as outlined in this Privacy Policy, or unless disclosure is necessary in special cases, as permitted by applicable law.

Because no online environment is 100% secure, we cannot guarantee the absolute security of your personal data. While we implement robust security measures, there is always some risk that unauthorized third parties may find ways to circumvent our security systems or that the transmission of your data over the internet could be intercepted. It is your responsibility to protect the security of your login credentials and any sensitive information you use to access company systems. Please note that email communications are typically not encrypted and should not be considered secure for transmitting sensitive personal data.

Except as outlined here, access to your personal information is restricted to HOKALI employees, contractors, and agents who need access to it in order to fulfill their job duties, improve our systems, or comply with legal obligations. These individuals are bound by confidentiality agreements, and any failure to meet these obligations may result in disciplinary action, including termination or legal prosecution.

Updating or Deleting Your Personal Data

You have certain rights regarding your personal data. You can access, review, and update your personal data through the company’s internal systems. If any information is incorrect or outdated, you may request that it be corrected or updated. You also have the right to request a copy of your personal data or ask for it to be deleted, in accordance with applicable laws.

If you do not agree with this Privacy Policy, you may contact us to discuss your concerns. Please note that refusal to provide certain personal data may affect your ability to access specific services or systems necessary for your work.

California Privacy Rights

Shine the Light

Under California’s “Shine the Light” law, contractors who are California residents and provide personal information to the Company for contract purposes are entitled to request and obtain, once per calendar year, information about the contractor data the Company has shared with third parties for direct marketing purposes. If applicable, this information will include the categories of contractor data shared and the names and addresses of those third parties.

To request this information, please send an email message to support@HOKALI.co with “Request for California Privacy Information” in the subject line. We will provide the requested information to you at the email address on record. Please note that not all sharing of information is covered by the “Shine the Light” law, and only data sharing covered by this law will be included in our response.

California Consumer Privacy Act (CCPA)

Under the California Consumer Privacy Act (“CCPA”), California contractors have the right to:

• Know what personal information is being collected about them.

• Request the deletion of their personal data.

• Opt-out of the sale of their personal data (though HOKALI does not sell contractor data).

• Not be discriminated against for exercising any of these rights.

If you would like to exercise any of the rights provided by the CCPA, please contact us at support@HOKALI.co.

Collection of Information by Third-Party Sites and Partners

Some of our Services or third-party platforms used for contractor management may contain links to external sites whose privacy practices may differ from ours. Contractors should review the privacy notices of those external sites as we do not control the data submitted to or collected by third parties.

Services that we use may also offer content, such as surveys or training opportunities, sponsored or co-branded by third parties. In these cases, those third parties may collect personal information provided by contractors voluntarily. We have no control over how these third parties use such data, but they are required to notify you in their privacy policies.

Any information linked to or embedded from third-party websites or platforms that are part of our Services is governed by the third-party’s privacy policy, and any information collected as a result of using those services will be subject to their respective privacy policies.

Changing Our Privacy Policy

HOKALI may change this Privacy Policy at any time by posting revisions to our site. We will not reduce your rights under this Privacy Policy without your explicit consent, and we expect most such changes will be minor. If any changes are made to use of your personal data, you will be informed via email, and will afford you the opportunity to opt-out of any further use. Your use of the site constitutes acceptance of the provisions of this Privacy Policy and your continued usage after such changes are posted constitutes acceptance of each revised Privacy Policy. If you do not agree to the terms of this Privacy Policy or any revised policy, please exit the site immediately.

Contacting HOKALI

Questions regarding this policy and our practice should be directed to HOKALI Support, by email to support@HOKALI.co, or by postal mail to HOKALI, 2021 Fillmore St #2088 San Francisco, CA 94115, United States.

This Privacy Policy was last updated on February 2nd, 2023.

Image Release Form

HOKALI is committed to showcasing the best of our programs and activities through various media platforms. To this end, we request your permission to use images and videos taken during our visits for promotional and educational purposes.

1. Authorization

I, the undersigned, hereby grant HOKALI and its affiliates the right to use photographs and/or video recordings of me taken on the date and at the location listed above for use in HOKALI’s publications, including but not limited to brochures, newsletters, videos, websites, and social media platforms.

2. Use of Content

I understand and agree that these images and videos may be used in a variety of formats and may be edited, copied, exhibited, published, or distributed without any further notification or compensation to me. I waive any right to inspect or approve the finished product, including written or electronic copies, wherein my likeness appears.

3. Duration

I agree that this authorization is continuous and may only be withdrawn by my specific rescission of this authorization. To withdraw consent, I must contact HOKALI in writing at the following email address: info@HOKALI.co.

4. No Compensation

I acknowledge that I will not receive any compensation, monetary or otherwise, for the use of my image, and I hereby release HOKALI and its representatives from any liability related to the use of the photographs and/or videos.

5. Consent

I have read this release before signing below and fully understand the contents, meaning, and impact of this release. I understand that I am free to address any specific questions regarding this release by submitting those questions in writing prior to signing, and I agree that my failure to do so will be interpreted as a free and knowledgeable acceptance of the terms of this release.

Audio Recording Consent

As part of my role as an instructor with HOKALI, Inc., I acknowledge and agree that my class sessions may be audio recorded using my own device.

These recordings are intended primarily for internal training, quality assurance, and safety purposes. Student voices may be incidentally captured but will not be individually analyzed, shared, or used for any public or external purpose.

To comply with applicable U.S. and California laws — including Family Educational Rights and Privacy Act (FERPA) and the California Invasion of Privacy Act (Cal. Penal Code § 632) — we ask all instructors to provide explicit consent before recording.

Please note that:

• Recordings are for internal use only — instructor feedback, program quality, and safety review.

• They are never shared publicly or externally.

• All recordings are securely stored and automatically deleted after 30 days.

• Student voices may be heard in the background, but they are not analyzed or used individually in any way.

This process ensures transparency, compliance, and a safer, higher-quality environment for both instructors and students.

I hereby grant HOKALI, Inc. and its affiliates the right to collect, store, and use such audio recordings for legitimate business purposes, including but not limited to training, quality assurance, operational improvements, student safety, and communication with schools or parents when appropriate.

I release and discharge HOKALI, Inc. from any and all claims and demands arising out of or in connection with the use of these audio recordings, including without limitation any claims for invasion of privacy.

This consent remains valid during my engagement with HOKALI unless revoked in writing.

Note: This consent applies to both new instructors and current instructors receiving new program offers.

By accepting this terms, you expressly consent to the recording and use of your voice, image, and likeness in accordance with applicable law, including the California Invasion of Privacy Act (Cal. Penal Code § 632) and the California Civil Code § 3344 (Right of Publicity), as well as other relevant privacy and publicity regulations.

Terms and Conditions

Effective: February 2nd, 2023

Welcome to HOKALI!

Thank you for being part of HOKALI, a service provided by HOKALI, Inc., a Delaware corporation (collectively, “HOKALI”, “we”, “us” or “our”). These Contractor Terms and Conditions (“Terms”) govern your use of the Company’s internal systems, applications, and all other digital tools and services provided as part of your contractor agreement (collectively, “Services” or “Service”). As some of these Services may involve software or tools that are installed on your computer, phone, tablet, or other devices, you agree that we may automatically update this software, and these Terms will apply to such updates.

Please read these Terms carefully and contact HOKALI HR or IT support at support@HOKALI.co if you have any questions, requests for information, or concerns.

Acceptance of Terms

By accessing, using, or interacting with the Company’s systems or Services, including any third-party platforms integrated into your work (e.g., Google, Microsoft, etc.), you agree to be bound by these Terms and the Company’s Privacy Policy. If you do not agree to these Terms, you may not be allowed to access or use the Services provided by HOKALI. HOKALI reserves the right to deny access to any contractor who violates these Terms.

Modifications to the Terms

We may change, add, or remove portions of these Terms at any time, with such changes becoming effective immediately upon posting. These modifications will supersede any previous versions of these Terms. While we will make reasonable efforts to notify contractors of significant changes, we recommend that you regularly review these Terms. Your continued use of the Company’s Services after any changes are posted constitutes your acceptance of those changes. The date these Terms were last modified will be indicated at the beginning and end of this document.

Arbitration Agreement and Class Action Waiver

These Terms include an Arbitration Agreement and Class Action Waiver that apply to all claims brought against HOKALI related to your work as a contractor. Please review these provisions carefully, as they may affect your legal rights regarding the resolution of disputes with the Company.

DEFINITIONS

In addition to any specially defined terms in these Terms, the following key definitions will help you navigate the Terms and Conditions:

“Contractor” means an individual who works with HOKALI under the terms of this Agreement and is entitled to access HOKALI’s Services as part of their contractual responsibilities.

“HOKALI Content” includes all content provided by HOKALI, such as text, graphics, images, videos, artwork, metadata, and other data, including any copyrights, trademarks, service marks, trade names, and intellectual property accessible through HOKALI’s systems and platforms.

“Services” refers to all the digital products, tools, and services provided by HOKALI, including mobile applications, websites, internal systems, software, and platforms used by contractors to perform their job duties.

“Internal Systems” includes the company’s intranet, time-tracking tools, HR systems, communication platforms, and any other software or systems provided by HOKALI for contractors to complete their work.

“User Content” refers to any information, documents, or materials that you, as a contractor, contribute, upload, or post on the internal platforms or systems, or any content you otherwise provide to HOKALI during the course of your work.

“HOKALI,” “we,” “us,” or “our” refers to HOKALI, Inc., a Delaware corporation, and each of its respective officers, directors, agents, partners, employees, and any affiliated entities.

USING HOKALI

You may use HOKALI’s internal systems and services only if you are a contractor with HOKALI and can form a binding contract with the Company, and only in compliance with these Terms and applicable laws.

When you create your contractor account or access company systems, you must provide accurate and complete information, and agree to update this information to ensure it remains accurate and up-to-date.

These services are controlled and operated by HOKALI from its offices within the United States of America. HOKALI makes no representation that the materials or services are appropriate or available for use in locations outside of the United States. Access to them from territories where such access may be illegal is prohibited. If you access the Company’s internal systems from other countries, you do so on your own initiative and are responsible for ensuring compliance with local laws.

You are solely responsible for the devices, software, and services you use to access HOKALI’s internal systems. This includes, but is not limited to, operating systems, web browsers, internet connections, and any other software or hardware. HOKALI will not be responsible for any costs or expenses related to accessing its services.

You agree not to use HOKALI’s systems or services in violation of any agreements, policies, or third-party terms, including those that apply to software, hardware, or other services you use in your role as a contractor.

By accessing, using, or subscribing to any of HOKALI’s internal services or systems, you affirm that: (a) You are a contractor with HOKALI and authorized to use the internal services, or (b) You are authorized to act on behalf of HOKALI in accordance with the Company’s policies.

You represent and warrant that you are fully able and competent to comply with these Terms and all applicable Company policies, and that you will abide by and comply with these Terms throughout your contract with HOKALI.

CHILD SAFETY AND PRIVACY

Contractors must never bring any object that could be harmful or dangerous to children.

Contractors must never allow or encourage children to change clothes in public. If a child needs to change clothes, the Contractor must ensure that the child has access to a private and appropriate space in which to do so.

Contractors must not assist with changing clothes unless expressly authorized by the Company and in compliance with school or program policies.

PROGRAM SCHEDULING AND CANCELLATION

The Contractor acknowledges that program schedules depend on school enrollment and other factors outside of the Company’s control. The Company may cancel the program up to 72 hours before the start date without penalty if:

• Enrollment does not meet the minimum number agreed with the school.

• The school cancels the program.

• A Force Majeure event occurs.

HOKALI’S SERVICES AND ROLE

HOKALI offers a comprehensive suite of tools and internal systems to help manage and streamline contractor workflows. These systems allow contractors to manage their tasks, access relevant work resources, and communicate with other team members. Through these Services, contractors can perform their job duties, access company documents, and manage schedules as assigned by the Company.

HOKALI is not the creator, organizer, or owner of the individual projects or tasks that contractors perform, but provides the platform to enable contractors to complete their work efficiently. The company is responsible for providing access to the tools and services contractors need for their roles.

Contractors are solely responsible for ensuring that they comply with all applicable laws, rules, and regulations while using company systems, and that any work or services delivered via HOKALI’s systems are done in a professional and legally compliant manner.

FEES, PAYMENTS, AND REFUNDS

While there are no fees for creating a contractor account or using internal systems, HOKALI compensates contractors for their work as outlined in their contract. Payment is processed according to the company payment schedule, which may be weekly, biweekly, or monthly, depending on the contractor agreement.

In the event of a mistake or discrepancy in pay, contractors are encouraged to reach out to the HR department immediately to correct the issue.

All payments made to contractors for work performed are final and non-refundable, and no refunds or adjustments will be made for partially completed work unless determined otherwise by company policies or applicable labor laws.

PRIVACY AND CONTRACTOR INFORMATION

By creating a contractor account, you are consenting to the use of your personal data for contract-related purposes as described in our Privacy Policy. This includes communications regarding your role, performance reviews, benefits, work schedules, and other contractual matters.

Contractors are expected to comply with the Company’s privacy policies and ensure that all personal data, including but not limited to sensitive work-related information, is handled in accordance with applicable laws and company regulations.

Contractors agree to allow HOKALI to store and use their personal information as required for their contract-related tasks. This includes tracking attendance, performance, and other HR-related information for the duration of the contract.

COPYRIGHT AND LIMITATIONS ON USE

This Agreement is personal to you as a contractor of HOKALI, and you may not assign your usage rights to anyone else. Your contractor account is for internal use only and is tied to your contract with HOKALI.

All usernames, passwords, and other credentials (“Credentials”) used to access HOKALI’s internal systems are the sole property of HOKALI, and access to them may be disabled at any time for security or policy reasons. Contractors are responsible for keeping their login credentials secure and must report any unauthorized use immediately.

Contractors are prohibited from sharing their login information or credentials with anyone outside of their workgroup unless explicitly authorized by the Company.

HOKALI reserves the right to modify or discontinue any internal systems, tools, or services at any time, and any content, data, or resources provided through these systems are the property of HOKALI. Contractors must not use, copy, reproduce, or distribute any internal content or tools for personal use or outside the scope of their contract without prior written permission from the Company.

OWNERSHIP OF MATERIALS

All materials, software, content, documents, data, and other resources accessible through HOKALI’s internal systems are the exclusive property of HOKALI. This includes, but is not limited to, text, images, designs, software, documents, and other intellectual property used to support contractors in their work.

Contractors are not permitted to use, modify, distribute, or reproduce any company materials outside of their duties without prior written consent from the Company. This includes any proprietary software or documentation that may be made available as part of the contractor’s work tasks.

INTELLECTUAL PROPERTY RIGHTS

HOKALI retains all intellectual property rights to any content, designs, software, or materials that contractors create during the course of their work. This includes any work product created using company tools, systems, or resources. Contractors agree to assign all intellectual property created during their contract to HOKALI.

SECURITY

We care about the security of our contractors’ data and the integrity of the company’s systems. While we implement industry-standard physical, technical, and administrative security measures to protect your account and related information, HOKALI cannot guarantee that unauthorized third parties will not be able to breach our security systems. Please notify us immediately if you suspect any compromise or unauthorized use of your company account by emailing support@HOKALI.co.

TRADEMARKS

The marks and designs associated with HOKALI’s brand, including logos, trademarks, and service marks, are the exclusive property of HOKALI or its licensors. As a contractor, you acknowledge that HOKALI retains all rights, interests, and ownership in these marks. You may not use, reproduce, or distribute these trademarks or service marks for personal or external use without prior written consent from the Company.

Any use of HOKALI’s trademarks, logos, or any company-owned content outside of your official duties must be approved by the Company in advance.

THIRD-PARTY WEBSITES, SERVICES, AND SOFTWARE

As part of your work, you may use third-party websites, content, services, software, or materials provided by the Company or as part of your role. These third-party services are used at your own risk. HOKALI does not endorse or take responsibility for the third-party services you may access. We encourage you to review the privacy policies and terms of any third-party service you use in relation to your work with the Company.

HOKALI is not liable for any issues arising from third-party services or products, and you should ensure that you comply with both HOKALI’s policies and the third-party terms of use.

INDEMNIFICATION

You agree to release HOKALI (including its employees, directors, officers, agents, and affiliates) from any damages, losses, liabilities, costs, and expenses arising from your use of HOKALI systems or any misconduct during the course of your work. Specifically, you agree to indemnify the Company for damages resulting from:

• Your use or misuse of HOKALI systems or services.

• Your breach of these Terms or any other company policy.

• Any unauthorized use of HOKALI’s intellectual property or materials.

• Your violation of applicable laws or regulations during the course of your work.

You also agree to defend and indemnify the Company from any legal claims or third-party actions related to your conduct at work, including any unauthorized use of content or services in violation of the Company’s intellectual property rights.

DISCLAIMER OF WARRANTIES AND LIABILITY

You assume all responsibility and risk for your use of HOKALI’s internal systems and services. To the maximum extent permitted by law, HOKALI provides these systems “as is” and “as available,” without any warranties, express or implied. HOKALI makes no representations regarding the accuracy, completeness, or reliability of the internal systems and tools used by contractors.

HOKALI does not guarantee that the services will be uninterrupted or error-free. If you experience issues with access or functionality, please contact the IT department for assistance.

MODIFICATION AND FEEDBACK

HOKALI reserves the right, at its sole discretion, to modify or discontinue any internal system or service, including changes to content, features, and functionalities.

If you submit feedback, suggestions, or ideas regarding any of HOKALI’s services, you grant HOKALI an irrevocable, worldwide, royalty-free, perpetual, and transferable license to use and incorporate that feedback into the Company’s systems, products, or services. Any feedback you provide will become HOKALI’s property and may be used to improve internal processes or systems.

TERMINATION

These Terms are effective during your work with HOKALI. The Company may terminate your access to internal systems and services at any time, with or without notice, for any violation of these Terms or company policies.

Upon termination of your contract, you must immediately cease using all internal systems and services, return any company materials, and delete any proprietary content or data in your possession.

HOKALI is not obligated to retain or provide you with access to any content or data after your contract ends. You agree to return or securely delete all company-owned materials from your personal devices upon termination.

GOVERNING LAW AND VENUE

Except as otherwise provided below, the Services provided by HOKALI are governed by the laws of the State of California, without regard to its conflict of laws provisions. Any disputes arising out of or related to these Terms and your work with HOKALI, that are not subject to binding arbitration as outlined in the Arbitration Agreement, shall be subject to the personal jurisdiction of, and shall be exclusively resolved in, the federal or state courts located in Los Angeles County, California. You agree that these courts shall be the exclusive venue for any such dispute.

BINDING ARBITRATION AND CLASS ACTION WAIVER

You and HOKALI agree to submit any and all disputes, claims, or controversies of any kind, whether arising from statute, regulation, common law, equity, or any other legal basis or theory, and whether pre-existing, present, or future, related to your contract with HOKALI or the use of HOKALI’s internal systems or services, to binding arbitration. This includes disputes related to these Terms, contractor agreements, or any other relationship or issue between you and HOKALI.

Any disputes that are not resolved by negotiation between you and HOKALI will be submitted to binding arbitration, in accordance with the Consumer Arbitration Rules of the American Arbitration Association (AAA Rules), as amended, and available at www.adr.org or by calling (800) 778-7879. These rules are incorporated by reference. If any conflict arises between this arbitration provision and the AAA Rules, the provisions in this Agreement shall govern.

You agree to pay the initiation fee of $200 (or the required amount as per AAA Rules) if you initiate arbitration. HOKALI will cover the remaining initiation fee and any deposit required by AAA. The cost of the arbitration proceeding, including the arbitrator’s fees, will be borne by the Company, but each party will be responsible for their own legal fees and expenses, including travel costs, unless otherwise determined by the arbitrator.

Arbitration will be conducted in the federal judicial district of your residence, and you will have the opportunity to attend the proceeding and be heard. The arbitrator’s decision will be final and binding and can be enforced in any court with proper jurisdiction.

You and HOKALI agree that any arbitration will remain confidential. All documents, pleadings, and other materials submitted in arbitration will not be disclosed to anyone outside the arbitration, unless legally required.

Neither you nor HOKALI may act as a class representative or participate as a member of a class of claimants in any arbitration. The arbitrator may only hear individual claims and may not consolidate or join claims of other contractors or third parties. This section is governed by the Federal Arbitration Act and supersedes any applicable state law, with the exception of applicable rights under local jurisdiction laws.

This arbitration agreement does not prevent either party from seeking relief from federal, state, or local government agencies or from exercising self-help remedies, such as set-off, or bringing claims in small claims court. In addition, both parties retain the right to seek provisional or ancillary relief, such as a preliminary injunction, in a court of competent jurisdiction, before or during arbitration.

A court may sever any unenforceable portion of this Arbitration and Class Action Waiver, but the prohibitions against class or representative actions will remain valid and enforceable. Any waiver of rights in this section will only be effective if it is in writing and signed by the party waiving the right.

This Binding Arbitration and Class Action Waiver section limits certain rights, including the right to a court trial, jury trial, class action, and certain forms of discovery.

NOTICE FOR CALIFORNIA CONTRACTORS

Under California Civil Code Section 1789.3, California contractors are entitled to the following specific notice regarding their rights:

The California Department of Consumer Affairs provides assistance with employment-related complaints. If you have concerns or questions regarding your employment rights, you may contact the Complaint Assistance Unit of the Division of Consumer Services at:

California Department of Consumer Affairs
1625 N. Market Blvd., Suite S-202
Sacramento, California 95834
Phone: (800) 952-5210

MISCELLANEOUS

Any rights not expressly granted herein are reserved by the Company. If any part of these Terms is deemed unenforceable for any reason, the remaining sections will still be enforceable. If HOKALI fails to enforce any right under these Terms, this will not act as a waiver of that right or the ability to enforce it later.

These Terms, along with any additional service-specific policies and agreements, represent the entire understanding between you (the contractor) and HOKALI and supersede any prior discussions, agreements, or representations, whether oral or written.

COMMENTS AND FEEDBACK

HOKALI values contractor feedback. If you have questions, comments, or concerns regarding these Terms or any other company policies, please contact HOKALI Human Resources or Support directly at support@HOKALI.co.

These Terms were last updated on February 2nd, 2023.