Provision record
Hims & Hers · Hims & Hers Terms and Conditions · View original document ↗

Mandatory Arbitration and Class Action Waiver

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Document Record

What it is

The agreement requires that most disputes between users and Hims & Hers, Medical Groups, or Providers be resolved through binding individual arbitration rather than court proceedings, and both parties waive the right to a jury trial and class action participation. A 30-day opt-out window is available from the date of first acceptance.

ⓘ

This analysis describes what Hims & Hers's agreement states, permits, or reserves. It does not constitute a legal determination about enforceability. Regulatory applicability and practical outcomes may vary by jurisdiction, enforcement context, and individual circumstances. Read our methodology

ConductAtlas Analysis

Why it matters (compliance & governance perspective)

This provision requires disputes to proceed through individual binding arbitration rather than civil litigation or class action, covering not only Hims & Hers but also Medical Groups and Providers as named beneficiaries of the clause. The scope of the waiver and its extension to third-party medical entities may require evaluation under applicable state law, as certain jurisdictions limit the enforceability of consumer arbitration waivers in healthcare contexts.

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Interpretive note: Enforceability of the class action waiver and arbitration requirement in healthcare-adjacent consumer contracts varies by jurisdiction and is subject to ongoing state court and regulatory scrutiny.

Recent Activity

This document changed recently

Medium Sep 1, 2026

The updated terms revise when subscription cancellations become effective for pre-paid multi-month medication plans. Under the previous language, cancellation could occur at least two days before the billing date following the end of the currently shipped supply. The revised policy now states that cancellation must occur at least two days before the next billing date but will not take effect until the end of the medication supply period. This means that if you request cancellation after a billing date but before your current medication shipment is fully consumed, your subscription will continue through the end of that supply period before the cancellation takes effect. You should review the specific timing of your medication shipments and billing dates to understand when a cancellation request will fully process.

View change record →
Medium Aug 7, 2026

The updated terms now authorize Hims & Hers to bill for Weight Loss Membership at 'monthly or multi-month intervals' rather than on a fixed monthly basis, expanding the company's discretion over billing frequency. Additionally, the agreement establishes that refunds for partially used membership or medication plan periods 'may be provided in our sole and absolute discretion' instead of guaranteeing refunds under specific conditions. The first-month membership fee is explicitly non-refundable, and medication refunds remain available only if cancelled within 48 hours of initial order or two days before renewal. The practical effect is that subscribers cannot predict billing intervals with certainty, and refund eligibility now depends on company discretion rather than contractual terms alone.

View change record →

Consumer impact (what this means for users)

Under this clause, users who do not submit a timely opt-out notice must resolve disputes through binding individual arbitration and cannot participate in class action lawsuits or class-wide arbitration proceedings against Hims & Hers, Medical Groups, or Providers. The agreement states that a written opt-out notice submitted within 30 days of first acceptance preserves the right to proceed in court.

What you can do

⚠️ These actions may provide transparency or partial mitigation but may not fully address the underlying issue. Effectiveness varies by jurisdiction and individual circumstances.
  • Opt Out of Arbitration
    Within 30 days
    Submit a written opt-out notice within 30 days of first accepting the agreement as described in the dispute resolution section of the terms. The notice should clearly identify your account and state your intent to opt out of arbitration.

Cross-platform context

See how other platforms handle Mandatory Arbitration and Class Action Waiver and similar clauses.

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▸ View Original Clause Language DOCUMENT RECORD
"
UNLESS YOU TIMELY OPT-OUT OF ARBITRATION IN ACCORDANCE WITH THESE TERMS AND CONDITIONS, YOU AND WE AGREE THAT ALL DISPUTES BETWEEN YOU AND US OR YOU AND THE MEDICAL GROUPS OR PROVIDERS ARISING OUT OF OR RELATED TO THESE TERMS AND CONDITIONS OR THE SERVICE, WITH LIMITED EXCEPTIONS, WILL BE RESOLVED BY BINDING AND FINAL ARBITRATION AND YOU AND WE WAIVE ALL RIGHTS TO A JURY TRIAL AND TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION, AS FURTHER SET FORTH BELOW.

Excerpt from Hims & Hers's Terms and Conditions

ConductAtlas Analysis

Institutional analysis (regulatory & governance intelligence)

REGULATORY LANDSCAPE: The Federal Arbitration Act governs the enforceability of this clause at the federal level.

Insight

Unlock the full institutional analysis

Enforcement risk, jurisdiction flags, contract triggers, and due diligence action items.

Applicable agencies

  • Federal Trade Commission (ftc)
    Oversees unfair or deceptive business practices and can investigate companies that mislead consumers about data collection, sharing, or use.
    Who can file: Anyone affected by the company's practices (US or international)
    What you need: Your account details, a timeline of relevant events, and a description of the specific issue
    What to expect: Complaints inform FTC enforcement priorities and investigations but do not result in individual resolution or compensation
    File a complaint →
  • State Attorney General
    State AGs in California, New York, Texas, and other states can investigate violations of state consumer protection and privacy laws, including CCPA (California), SHIELD Act (New York), and equivalents.
    Who can file: Residents of states with comprehensive privacy laws — primarily California, Virginia, Colorado, Connecticut, and Utah
    What you need: Evidence of the violation, explanation of how your state rights were affected, and your account or contact information with the company
    What to expect: Outcomes vary by state. May result in investigation, enforcement action, or requirement for the company to change practices. No direct individual compensation in most cases.

    Search "[your state] attorney general consumer complaint" to find your state's direct complaint form

Provision details

Document information
Document
Hims & Hers Terms and Conditions
Entity
Hims & Hers
Document last updated
July 5, 2026
Tracking information
First tracked
July 9, 2026
Last verified
July 9, 2026
Record ID
CA-P-015472
Document ID
CA-D-00906
Evidence Provenance
Source URL
Wayback Machine
Content hash (SHA-256)
125a36c8df75aae2f8e2938adaed9db682f47d9cd5264d01a86ca550ad3fb7ef
Analysis generated
July 9, 2026 08:05 UTC
Methodology
Evidence
✓ Snapshot stored   ✓ Hash verified
Citation Record
Entity: Hims & Hers
Document: Hims & Hers Terms and Conditions
Record ID: CA-P-015472
Captured: 2026-07-09 08:05:51 UTC
SHA-256: 125a36c8df75aae2…
URL: https://conductatlas.com/platform/hims-hers/hims-hers-terms-and-conditions/provision/CA-P-015472/mandatory-arbitration-and-class-action-waiver/
Accessed: Oct. 3, 2026
Permanent archival reference. Stable identifier suitable for legal filings, compliance documentation, and research citation.
Classification
Severity
High
Categories

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Frequently Asked Questions

What does Hims & Hers's Mandatory Arbitration and Class Action Waiver clause do?

This provision requires disputes to proceed through individual binding arbitration rather than civil litigation or class action, covering not only Hims & Hers but also Medical Groups and Providers as named beneficiaries of the clause. The scope of the waiver and its extension to third-party medical entities may require evaluation under applicable state law, as certain jurisdictions limit the enforceability …

How does this clause affect you?

Under this clause, users who do not submit a timely opt-out notice must resolve disputes through binding individual arbitration and cannot participate in class action lawsuits or class-wide arbitration proceedings against Hims & Hers, Medical Groups, or Providers. The agreement states that a written opt-out notice submitted within 30 days of first acceptance preserves the right to proceed in court.

Is ConductAtlas affiliated with Hims & Hers?

No. ConductAtlas is an independent monitoring service. We are not affiliated with, endorsed by, or sponsored by Hims & Hers.