Mandatory Individual Arbitration

What it is

The agreement requires users and Skillshare to resolve disputes through individual binding arbitration administered by JAMS, rather than through court proceedings, and prohibits participation in class action lawsuits or class-wide arbitration.

Why it matters (compliance & governance perspective)

This provision requires disputes to proceed through individual JAMS arbitration under New York law, which determines the procedural forum and applicable rules for any legal claims between users and Skillshare. The class action waiver component means that users cannot aggregate claims with other users, which may be relevant to the practical viability of small-value claims.

Consumer impact (what this means for users)

Under this clause, users who have a dispute with Skillshare must pursue it individually through JAMS arbitration rather than in court. The agreement waives participation in class actions or class-wide arbitration proceedings for covered disputes.

What you can do

Institutional analysis (Compliance & governance intelligence)

1. REGULATORY LANDSCAPE: This provision engages the Federal Arbitration Act (FAA), which generally governs the enforceability of arbitration agreements in commerce. State-level scrutiny applies in California (where courts and the legislature have imposed procedural requirements on consumer arbitration agreements) and New Jersey. The FTC and State Attorneys General retain authority to pursue enforcement actions independent of arbitration provisions. The Consumer Financial Protection Bureau has also issued rules in related contexts, though Skillshare is not a financial services provider. 2. GOVERNANCE EXPOSURE: High. Mandatory consumer arbitration clauses with class action waivers are subject to ongoing judicial and legislative challenge, particularly in California under state consumer protection statutes. The application of these terms to Superpeer users who may not have previously agreed to arbitration creates additional exposure regarding notice adequacy and consent. 3. JURISDICTION FLAGS: California users face heightened exposure; California courts have in some instances declined to enforce arbitration provisions that do not meet procedural standards under state law. EU users may have additional protections under consumer protection frameworks that could limit enforceability of mandatory arbitration clauses in those jurisdictions. The governing law is New York, which may create tension with user rights in other jurisdictions. 4. CONTRACT AND VENDOR IMPLICATIONS: B2B or institutional procurement teams using Skillshare for employee training should assess whether this arbitration clause applies to enterprise agreements, or whether separate commercial terms govern those relationships. The clause as written appears to apply to all users, which may warrant negotiation of carve-outs in enterprise contracts. 5. COMPLIANCE CONSIDERATIONS: Legal teams should audit whether adequate notice and opt-out mechanisms were provided to Superpeer users transitioning to Skillshare's terms. The 30-day opt-out window should be documented as part of the onboarding consent flow. Review whether JAMS consumer arbitration rules are current and whether fee-allocation provisions comply with applicable state requirements for consumer arbitration.

Applicable agencies

Applicable regulations

Provision details

Other risks in this policy

• Class Action Waiver high
• User Content License high
• Account Termination at Skillshare Discretion medium
• Subscription Auto-Renewal medium
• Limitation of Liability medium
• Acceptable Use Policy and Prohibited Conduct medium

Related Analysis

• Coinbase Requires Mandatory Arbitration. You Have 30 Days to Opt Out.

  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.