The agreement waives users' rights to participate in class, collective, or representative actions and to jury trials for all covered claims. Disputes may only be brought on an individual basis in arbitration, with the exception that the enforceability of the class action waiver itself is reserved for judicial determination.
This analysis describes what Instacart'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 establishes that the enforceability of the class action waiver subsection is specifically carved out from the arbitrator's authority and reserved for a court of competent jurisdiction, creating a judicial review point. If a court finds the waiver unenforceable as to a specific claim, that claim may be severed and litigated in court while the remainder of the arbitration agreement continues.
Under this clause, users may not join class action lawsuits or participate in collective proceedings against Instacart for covered claims. The agreement also waives the right to a jury trial for all claims subject to arbitration.
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If, however, this Class Action Waiver is deemed invalid or unenforceable with respect to a particular Dispute...neither you nor Chegg will be entitled to arbitration of such Dispute.
Neither you nor we may elect arbitration of any claims seeking only individualized relief asserted by you or us in small claims court, so long as the action remains in that court and is not removed or appealed de novo...
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"EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT ON A CLASS, COLLECTIVE, COORDINATED, CONSOLIDATED, OR REPRESENTATIVE BASIS, AND THE PARTIES HEREBY WAIVE ALL RIGHTS TO HAVE ANY CLAIM BE BROUGHT, HEARD, ADMINISTERED, RESOLVED, OR ARBITRATED ON A CLASS, COLLECTIVE, COORDINATED, CONSOLIDATED, OR REPRESENTATIVE BASIS. ONLY INDIVIDUAL RELIEF IS AVAILABLE, EXCEPT AS OTHERWISE REQUIRED BY APPLICABLE LAW. ... TRIAL BY JURY WAIVER: BY ENTERING INTO THESE TERMS, YOU AND INSTACART AGREE TO WAIVE ANY RIGHT TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR JURY FOR CLAIMS COVERED BY THIS ARBITRATION AGREEMENT.— Excerpt from Instacart's Instacart Terms of Service (Superseded Capture)
1. REGULATORY LANDSCAPE: The class action waiver engages the FAA and is evaluated under federal unconscionability standards. The FTC's authority over unfair or deceptive practices may apply to disclosures about class action waiver implications. California's consumer protection framework, including the Consumers Legal Remedies Act (CLRA), has historically generated challenges to class action waivers in consumer contracts, and enforceability may vary by state. 2. GOVERNANCE EXPOSURE: High. The waiver covers class, collective, coordinated, consolidated, and representative actions. The severability clause specifies that if the class action waiver is found unenforceable as to a specific claim, that claim may be litigated in court rather than invalidating the broader arbitration agreement, which limits systemic disruption risk for the company. 3. JURISDICTION FLAGS: California courts have applied heightened scrutiny to class action waivers in consumer adhesion contracts. The Public Injunctive Relief doctrine under California law (Broughton-Cruz line of cases) may limit enforceability of the waiver as to claims seeking public injunctive relief. New Jersey, Washington, and other states have also produced notable consumer arbitration enforceability challenges. 4. CONTRACT AND VENDOR IMPLICATIONS: The batch arbitration mechanism in Section 7.2.9, which groups 25 or more substantially similar demands into batches of 100 with a single arbitrator and single administrative fee set, functions as an operational alternative to class proceedings. Legal teams should assess whether batch arbitration adequately addresses large-scale consumer harm scenarios in the context of vendor or retailer agreements. 5. COMPLIANCE CONSIDERATIONS: Legal teams should monitor judicial developments regarding public injunctive relief exceptions to arbitration class action waivers, particularly in California. The jury trial waiver is effective in arbitration contexts but should be reviewed in connection with any non-arbitrable claims that proceed in court under Section 7.2.3.
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This provision establishes that the enforceability of the class action waiver subsection is specifically carved out from the arbitrator's authority and reserved for a court of competent jurisdiction, creating a judicial review point. If a court finds the waiver unenforceable as to a specific claim, that claim may be severed and litigated in court while the remainder of the arbitration …
Under this clause, users may not join class action lawsuits or participate in collective proceedings against Instacart for covered claims. The agreement also waives the right to a jury trial for all claims subject to arbitration.
ConductAtlas has identified this type of provision across 200 platforms. See the full comparison.
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