The agreement requires that nearly all disputes between users and Kajabi be resolved through individual binding arbitration rather than court proceedings, and waives the right to bring or participate in class-action lawsuits or class-wide arbitration. Certain dispute types are excluded from this requirement as described in Section 15.
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
This provision requires that disputes proceed through individual binding arbitration and establishes a contractual waiver of class-action participation, which channels dispute resolution away from court proceedings and consolidates claims into individual arbitration under the rules and forum specified in Section 15.
Interpretive note: Enforceability of the class action waiver and arbitration clause varies by jurisdiction, particularly in California and EU member states; the full scope of Section 15 carve-outs is not reproduced in the available document excerpt.
Under this clause, creators and Kajabi must resolve covered disputes through individual binding arbitration rather than litigation, and the agreement waives the right to participate in any class-action lawsuit or class-wide arbitration proceeding. Certain dispute types identified in Section 15 are carved out from this requirement.
How other platforms handle this
You and Teachable agree to resolve any disputes through final and binding arbitration, except as set forth under Exceptions to Agreement to Arbitrate below. You also agree that disputes will only be resolved on an individual basis and not as a class, consolidated, or representative action.
Any dispute arising from or relating to the subject matter of these Terms shall be finally settled by arbitration in San Francisco County, California, in accordance with the Streamlined Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. ("JAMS") then in effect, by ...
THESE TERMS REQUIRE THE USE OF ARBITRATION (SECTION 12.2) ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMIT THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.
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"These Terms include an arbitration agreement and a waiver of your right to participate in class actions or class arbitrations in Section 15. Except for certain types of disputes described in the arbitration section, you and Kajabi agree that any dispute related to these Terms or your use of our Services will be resolved through mandatory, binding arbitration. This means that you are giving up your right to have those disputes decided in court by a judge or jury, and you are also giving up your right to participate in a class-action lawsuit or class-wide arbitration.— Excerpt from Kajabi's Kajabi Terms of Use
REGULATORY LANDSCAPE: Pre-dispute arbitration clauses and class action waivers in consumer and small-business contracts are subject to scrutiny under the FTC Act and applicable state consumer protection statutes. California courts and the California legislature have imposed restrictions on class action waivers in certain consumer contracts; enforceability in California and other states with analogous statutes depends on jurisdiction-specific analysis. The Consumer Financial Protection Bureau has separately addressed arbitration in financial services contexts, which may be relevant if Kajabi Financial, LLC is a party to the agreement. GOVERNANCE EXPOSURE: High. The breadth of the arbitration clause, covering disputes related to the terms or use of services, is standard in platform agreements but creates significant operational implications for creators whose disputes with Kajabi would otherwise be amenable to class treatment given the volume of similarly situated users. JURISDICTION FLAGS: California presents heightened exposure due to ongoing legislative and judicial scrutiny of arbitration agreements in consumer and small-business contexts. EU-resident users may have rights under applicable EU consumer protection directives that limit the enforceability of pre-dispute arbitration clauses. The provision's enforceability may also vary in the UK post-Brexit under the Unfair Terms in Consumer Contracts Regulations framework. CONTRACT AND VENDOR IMPLICATIONS: B2B procurement teams should note that the clause applies to entities signing up on behalf of a business and its affiliates, meaning the arbitration obligation and class action waiver may extend to affiliated entities. The agreement does not clearly articulate whether the arbitration obligation survives termination of the account. COMPLIANCE CONSIDERATIONS: Legal teams should review Section 15 in full to identify the arbitration administrator, applicable rules, fee-splitting provisions, and any opt-out mechanism and deadline. Where the platform is used by California residents or EU residents, jurisdiction-specific enforceability analysis is warranted before relying on this clause as a complete bar to litigation.
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This provision requires that disputes proceed through individual binding arbitration and establishes a contractual waiver of class-action participation, which channels dispute resolution away from court proceedings and consolidates claims into individual arbitration under the rules and forum specified in Section 15.
Under this clause, creators and Kajabi must resolve covered disputes through individual binding arbitration rather than litigation, and the agreement waives the right to participate in any class-action lawsuit or class-wide arbitration proceeding. Certain dispute types identified in Section 15 are carved out from this requirement.
ConductAtlas has identified this type of provision across 132 platforms. See the full comparison.
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