Supercuts 2011 Annual Report Download - page 161

11.
Binding Nature of Agreement . This agreement is binding on the parties and their heirs, administrators, representatives, executors,
successors, and assigns.
12.
Return of Corporate Property . By signing below, you represent and warrant that all Regis property has been returned to Regis, and
that you have not retained any copies, electronic or otherwise, of any Regis property. Notwithstanding this paragraph of this agreement,
you may keep documents pertaining to your compensation and/or benefits.
13.
Compliance with the Age Discrimination in Employment Act (“ADEA”) and Notice of Right to Consider and Rescind Agreement .
You understand that this Agreement has to meet certain requirements to validly release any claims you might have under the ADEA
(including under the Older Workers’
Benefit Protection Act), and you represent that all such requirements have been satisfied, including
that:
a.
The agreement is written in a manner that is understandable to you;
b.
You are specifically waiving ADEA rights;
c.
You are not waiving ADEA rights arising after the date of your signing this agreement;
d.
You are receiving valuable consideration in exchange for execution of this agreement that you would not otherwise be entitled
to receive;
e.
Regis is hereby, in writing, encouraging you to consult with an attorney before signing this agreement; and
f.
You received 21 days to consider this Agreement and at least 7 days to rescind it (you are actually receiving 15 days to
rescind).
14. Compliance with the Minnesota Human Rights Act and Notice of Right to Consider and Rescind Agreement . Regis hereby advises
Employee to consult with an attorney of his/her choice before signing this agreement releasing any rights or claims that he/she believes
he/she may have under the Minnesota Human Rights Act (MHRA). Once this Separation Agreement is executed, Employee may
rescind this Separation Agreement within fifteen (15) calendar days to reinstate any claims under the MHRA. To be effective, any
rescission within the relevant time period must be in writing and delivered to Employer, in care of Ms. Katherine M. Merrill, 7201
Metro Boulevard, Minneapolis, MN 55439 by hand or by mail within the fifteen (15) day period. If delivered by mail, the rescission
must be (1) postmarked within the fifteen (15) day period; (2) properly addressed to Employer; and (3) sent by certified mail, return
receipt requested.
15.
No Unlawful Restriction . You understand that nothing in this agreement is intended to or shall: (a) impose any condition, penalty, or
other limitation affecting your right to challenge this agreement; (b) constitute an unlawful release of any of your rights; or (c) prevent
or interfere with your ability and/or right to: (1) provide truthful testimony if under subpoena to do so; (2) file any charge with or
participate in any investigation or proceeding conducted by the Equal Employment Opportunity Commission or any other federal, state,
and/or local governmental entity; and/or (3) respond as otherwise provided by law.
16. Severability . The provisions of this agreement are severable. If any provision (excluding the General Release above) is held to be
invalid or unenforceable, it shall not affect the validity or enforceability of any other provision.
17.
Entire Agreement and Merger . Except to the extent that you have an arbitration agreement with Regis, this agreement sets out the
entire agreement between you and Regis and supersedes any and all prior oral or written agreements or understandings between you and
Regis concerning your termination of employment. Any arbitration agreement that you have with Regis will continue in full force and
effect. Employee agrees that any and all claims which he might
4