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ARBITRATION AGREEMENT AND CLASS ACTION WAIVER
ARBITRATION AGREEMENT AND CLASS ACTION WAIVER
IMPORTANT: PLEASE READ THIS AGREEMENT CAREFULLY. IT AFFECTS YOUR RIGHT TO HAVE CERTAIN DISPUTES DECIDED IN COURT AND YOUR ABILITY TO PARTICIPATE IN A CLASS ACTION.
Effective Date: [INSERT DATE]
This Arbitration Agreement is between you and [BUSINESS LEGAL NAME] ("Company").
By affirmatively accepting this Arbitration Agreement when purchasing a ticket or registering for an event, you agree as follows.
1. AGREEMENT TO ARBITRATE
Except for disputes expressly excluded below, you and the Company agree that any claim, dispute, or controversy arising out of or relating to:
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Your purchase of a ticket
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Your use of the Company's website
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Your participation in an event
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Your relationship with the Company
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The Company's Terms of Service
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The Company's Privacy Policy
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The services provided by the Company
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Any alleged breach of an agreement between you and the Company
shall be resolved through individual binding arbitration rather than through a court proceeding, to the maximum extent permitted by applicable law.
This agreement applies to statutory, contractual, tort, and other claims to the extent legally arbitrable.
2. WHAT YOU ARE AGREEING TO
BY AGREEING TO ARBITRATION, YOU ARE AGREEING THAT, FOR CLAIMS COVERED BY THIS AGREEMENT, YOU MAY BE GIVING UP THE RIGHT TO HAVE A COURT OR JURY DECIDE YOUR CLAIM.
YOU ARE ALSO AGREEING THAT COVERED CLAIMS WILL GENERALLY BE DECIDED BY AN ARBITRATOR ON AN INDIVIDUAL BASIS RATHER THAN THROUGH A CLASS ACTION.
3. INDIVIDUAL ARBITRATION
Arbitration shall be conducted only on an individual basis to the maximum extent permitted by law.
The arbitrator may award individual relief that would otherwise be available in court to the extent permitted by applicable law.
The arbitrator may not award relief on behalf of individuals who are not parties to the arbitration.
4. CLASS ACTION WAIVER
TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AND THE COMPANY EACH AGREE THAT CLAIMS MAY BE BROUGHT ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF, CLASS MEMBER, REPRESENTATIVE, OR PARTICIPANT IN A CLASS, COLLECTIVE, MASS, REPRESENTATIVE, OR CONSOLIDATED ACTION.
This waiver applies to the maximum extent permitted by applicable law.
If applicable law prohibits enforcement of this waiver for a particular claim, that claim shall be handled as required by law.
5. EXCLUDED CLAIMS
Nothing in this Agreement requires arbitration of a claim that applicable law expressly prohibits the parties from requiring to be arbitrated.
Nothing in this Agreement prevents you from submitting a complaint to a governmental or regulatory agency when applicable law permits you to do so.
Nothing in this Agreement prevents either party from seeking temporary or preliminary injunctive relief when such relief is legally available.
6. ARBITRATION PROCEDURE
The arbitration shall be conducted before a neutral arbitrator through an established arbitration provider selected in accordance with applicable law.
Unless the parties agree otherwise, the arbitration may be conducted remotely.
The applicable arbitration provider's consumer procedures shall apply where applicable.
The arbitrator shall apply applicable substantive law.
7. ARBITRATION COSTS
Arbitration costs and fees shall be allocated in accordance with applicable law and the applicable arbitration provider's consumer rules.
Nothing in this Agreement requires you to pay an arbitration fee that applicable law or applicable consumer arbitration rules prohibit the Company from requiring you to pay.
8. SMALL CLAIMS COURT
If a claim qualifies for small claims court and applicable law permits the claim to be brought there despite this Agreement, either party may elect to pursue the claim in small claims court instead of arbitration.
The election must be made before arbitration begins.
9. NO RETROACTIVE EFFECT
This Agreement applies only to disputes arising after the effective date of the Agreement, except to the extent applicable law permits otherwise and the parties separately agreed to such application.
10. SEVERABILITY
If any portion of this Arbitration Agreement is found unenforceable, the remaining portions shall remain enforceable to the maximum extent permitted by law.
If a court determines that the class action waiver cannot be enforced for a particular claim, the parties shall proceed in the manner required by applicable law.
11. GOVERNING LAW
This Agreement shall be governed by applicable federal law governing arbitration and otherwise by the laws of the State of New Jersey, except where another law is mandatorily applicable.
12. ELECTRONIC ACCEPTANCE
You agree that your electronic acceptance of this Agreement constitutes your electronic signature and evidence of your agreement to arbitrate to the extent permitted by applicable law.
The Company may maintain a record of your acceptance, including the date, time, version of the Agreement presented, and information associated with your transaction.
13. ACKNOWLEDGMENT
BY CHECKING THE BOX BELOW AND CLICKING THE ACCEPTANCE BUTTON, YOU CONFIRM THAT YOU HAVE READ AND UNDERSTAND THIS ARBITRATION AGREEMENT AND CLASS ACTION WAIVER.
☐ I AGREE TO THE INDIVIDUAL BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER.
[BUSINESS LEGAL NAME]
[BUSINESS EMAIL]
[BUSINESS ADDRESS]
[EFFECTIVE DATE]
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