All disputes arising from this agreement must first be addressed through negotiation, and if unresolved, submitted to JAMS arbitration in Los Angeles, California before a single arbitrator under California law and JAMS Comprehensive Arbitration Rules. The arbitrator is prohibited from awarding punitive damages except in indemnification matters.
This analysis describes what Impact'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
This provision requires disputes to proceed through JAMS arbitration rather than litigation, designates Los Angeles as the mandatory venue, and restricts the arbitrator's remedial authority by prohibiting punitive damages outside indemnification contexts. The fee-shifting provision, which allocates arbitration costs and attorneys' fees against the non-prevailing party, creates financial exposure for members who initiate arbitration and do not primarily prevail.
Interpretive note: Enforceability of the punitive damages restriction may vary depending on whether the arbitration clause is assessed as adhesive under California law and whether applicable statutory claims expressly authorize punitive or enhanced damages.
Under this clause, members must submit unresolved disputes to JAMS arbitration in Los Angeles, California, conducted in English, and are subject to fee-shifting that may require payment of the prevailing party's reasonable attorneys' fees if the member does not primarily prevail. The agreement also restricts available remedies by limiting the arbitrator's authority to actual damages, excluding punitive damages in most circumstances.
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Compare across platforms →"If the Dispute is not resolved through verbal and written communications, the matter will be submitted to JAMS, or its successor, for arbitration. Any Dispute submitted to arbitration shall be determined by arbitration in Los Angeles, California, USA before a sole arbitrator, in accordance with the laws of the State of California for agreements made in and to be performed in that State. The language of the arbitration shall be English. The arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures. Except with respect to a party's indemnification obligations, the arbitrator will have no authority to award punitive damages or any other damages not measured by the prevailing party's actual damages, and may not, in any event, make any ruling, finding or award that does not conform to the terms and conditions of this Agreement.Excerpt from Impact's Terms and Conditions
1) REGULATORY LANDSCAPE: The arbitration provision engages the Federal Arbitration Act, which generally governs the enforceability of commercial arbitration clauses.
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This provision requires disputes to proceed through JAMS arbitration rather than litigation, designates Los Angeles as the mandatory venue, and restricts the arbitrator's remedial authority by prohibiting punitive damages outside indemnification contexts. The fee-shifting provision, which allocates arbitration costs and attorneys' fees against the non-prevailing party, creates financial exposure for members who initiate arbitration and do not primarily prevail.
Under this clause, members must submit unresolved disputes to JAMS arbitration in Los Angeles, California, conducted in English, and are subject to fee-shifting that may require payment of the prevailing party's reasonable attorneys' fees if the member does not primarily prevail. The agreement also restricts available remedies by limiting the arbitrator's authority to actual damages, excluding punitive damages in most …
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