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
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.
the arbitration provider, National Arbitration and Mediation ("NAM"), shall not accept or administer any demand for arbitration and shall administratively close any arbitration unless the Party bringing such demand for arbitration can certify in writing that the terms...were fully satisfied.
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...
"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 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.
Enforcement risk, jurisdiction flags, contract triggers, and due diligence action items.
Search "[your state] attorney general consumer complaint" to find your state's direct complaint form
Coinbase's User Agreement includes a mandatory arbitration clause that most users may not have reviewed. Here is what the clause states and how the opt-out process works.
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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 205 platforms. See the full comparison.
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