The agreement binds not only the individual signing up but also the business entity they represent and all affiliates of that entity, meaning the Terms apply across the full organizational structure of any business using the platform.
This analysis describes what Kajabi'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
By extending the definition of the contracting party to include all affiliates of a represented business, this provision means that the arbitration clause, content license, and all other obligations apply to the broader corporate group, not solely the individual account holder or primary entity.
Interpretive note: Enforceability of affiliate-binding provisions against non-signatory entities depends on jurisdiction-specific contract and corporate law and may face challenge in EU and other jurisdictions with strong corporate separateness doctrines.
Under this clause, when an individual signs up on behalf of a business, the Terms bind both that individual and the business entity along with all of its affiliates; the arbitration requirement and other obligations therefore apply at the organizational level.
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These Terms shall be governed by the laws of the State of California, excluding its conflicts of law rules, and the federal laws of the United States. Any dispute arising from or relating to the subject matter of these Terms shall be finally settled by arbitration in San Francisco County, California...
These Terms of Service and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the State of Delaware, without giving effect to any choice o...
These Terms are governed by the laws of the State of Minnesota, without giving effect to any choice of law or conflict of law provisions. Any disputes not subject to arbitration will be resolved in the state or federal courts located in Hennepin County, Minnesota.
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""Hero," or "you" means either: you, as an individual, or the entity you represent (if you are signing up or using the Services on behalf of a business) and any of its affiliates.— Excerpt from Kajabi's Kajabi Terms of Use
REGULATORY LANDSCAPE: The extension of contractual obligations to affiliates of a business entity may interact with applicable corporate law in jurisdictions where affiliate entities maintain separate legal personalities and did not independently agree to the terms. Enforceability of terms against non-signatory affiliates is a jurisdiction-specific question that may arise in dispute proceedings. GOVERNANCE EXPOSURE: Medium. The affiliate-binding language is operationally significant for businesses that operate through multiple entities, as it asserts that all affiliated entities are bound by the Terms, including the arbitration clause, without those entities independently assenting. JURISDICTION FLAGS: Enforceability of terms against non-signatory affiliates varies by jurisdiction. EU member states with strong corporate separateness principles may not give effect to affiliate-binding provisions without independent consent from each affiliate entity. US enforceability depends on the specific arbitration and contract law of the governing jurisdiction. CONTRACT AND VENDOR IMPLICATIONS: Procurement and legal teams at organizations with complex affiliate structures should assess whether signing up for Kajabi through one entity creates binding obligations for affiliated entities, particularly with respect to the arbitration clause and content license grant. This provision may be a trigger for broader enterprise contract review. COMPLIANCE CONSIDERATIONS: Organizations with affiliates in the EU or other jurisdictions with heightened data protection obligations should assess whether the affiliate-binding definition creates compliance obligations at the affiliate level under GDPR or other applicable data protection law.
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By extending the definition of the contracting party to include all affiliates of a represented business, this provision means that the arbitration clause, content license, and all other obligations apply to the broader corporate group, not solely the individual account holder or primary entity.
Under this clause, when an individual signs up on behalf of a business, the Terms bind both that individual and the business entity along with all of its affiliates; the arbitration requirement and other obligations therefore apply at the organizational level.
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