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The agreement requires all disputes to be resolved in Alameda County, California courts under California law, and both parties waive their right to a jury trial for all disputes arising under the agreement. The dispute resolution process also requires an initial good-faith negotiation between relationship managers before formal proceedings.
This analysis describes what Marqeta'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 Alameda County, California as the exclusive litigation forum for all disputes and eliminates jury trial rights for both parties. Business customers located outside California must litigate disputes in California courts under California law, and all contested matters will be resolved by a judge rather than a jury.
Under this clause, Customer agrees to resolve all disputes in Alameda County, California regardless of Customer's location, and waives jury trial rights for all claims arising under the agreement. The agreement also requires at least one good-faith negotiation session between relationship managers before formal dispute proceedings may commence.
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"California law shall govern the Agreement without giving effect to conflicts of laws principles. Alameda County, California is the exclusive jurisdiction and venue for all disputes arising out of the Agreement. THE PARTIES WAIVE ANY RIGHT TO A TRIAL BY JURY.Excerpt from Marqeta's Terms of Use
1. REGULATORY LANDSCAPE: Jury trial waivers in commercial contracts are generally enforceable under California law when knowingly and voluntarily made between sophisticated parties, though courts examine the circumstances of the waiver. The exclusive venue clause requires Customer to litigate in California regardless of where Customer is incorporated or operates. For non-US customers, the governing law and venue provisions may interact with international private law principles. 2. GOVERNANCE EXPOSURE: Medium. The jury trial waiver and exclusive venue provision is standard in commercial B2B agreements between sophisticated parties, but creates operational cost and logistical burden for Customers located outside California. Legal teams should assess whether the pre-dispute negotiation requirement constitutes a condition precedent to filing that, if not followed, could affect procedural standing. 3. JURISDICTION FLAGS: California courts generally enforce jury trial waivers in commercial contracts. Non-US Customers or Customers in jurisdictions with constitutional jury trial protections for commercial matters should assess local law enforceability. EU and UK Customers should evaluate whether exclusive California venue is enforceable against them under applicable private international law. 4. CONTRACT AND VENDOR IMPLICATIONS: The exclusive venue clause concentrates all dispute resolution activity in Alameda County, which is the county of Marqeta's headquarters at 180 Grand Avenue, Oakland, CA 94612. This creates a structural advantage for Marqeta in disputes. B2B contract review should flag this for customers who prefer neutral venue or arbitration clauses. 5. COMPLIANCE CONSIDERATIONS: Legal teams should document the jury trial waiver as part of contract execution review to ensure it meets the knowing and voluntary standard applied by California courts. The pre-litigation negotiation requirement should be incorporated into dispute escalation procedures to ensure compliance with the procedural condition.
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This provision establishes Alameda County, California as the exclusive litigation forum for all disputes and eliminates jury trial rights for both parties. Business customers located outside California must litigate disputes in California courts under California law, and all contested matters will be resolved by a judge rather than a jury.
Under this clause, Customer agrees to resolve all disputes in Alameda County, California regardless of Customer's location, and waives jury trial rights for all claims arising under the agreement. The agreement also requires at least one good-faith negotiation session between relationship managers before formal dispute proceedings may commence.
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