Common use of INDIVIDUAL ARBITRATION AGREEMENT AND CLASS ACTION WAIVER Clause in Contracts

INDIVIDUAL ARBITRATION AGREEMENT AND CLASS ACTION WAIVER. Member (also “you”) hereby elects to resolve any and all claims and disputes relating in any way to this Agreement or our dealings with one another (“Claims”), except for Claims concerning the validity, scope or enforceability of this Arbitration Agreement, through BINDING INDIVIDUAL ARBITRATION. This Arbitration Agreement involves interstate commerce and shall be governed by the Federal Arbitration Act, 9 U.S.C. §§ 1-16 (“FAA”), and not by state law. Dash (also, “we” or “us”) reserves the right to resolve any and all Claims through any methods, including, but, not limited to, arbitration or commencing any legal action in any court with appropriate jurisdiction. Except in the event that you reject arbitration as provided below, you will not be able to have a court or jury trial or participate in a class action or class arbitration. Other rights that you would have if you went to court will not be available or will be more limited in arbitration, including the right to appeal. You understand and agree that by allowing the resolution of any dispute through individual arbitration, YOU ARE WAIVING THE RIGHT TO A COURT OR JURY TRIAL. UNLESS YOU REJECT ARBITRATION AS PROVIDED BELOW, DISPUTES SHALL BE ARBITRATED ON AN INDIVIDUAL BASIS, AND NOT AS A CLASS ACTION, REPRESENTATIVE ACTION, CLASS ARBITRATION OR ANY SIMILAR PROCEEDING. The arbitrator(s) may not consolidate the claims of multiple parties. Arbitrations shall be administered by the American Arbitration Association (“AAA”) pursuant to the applicable AAA rules in effect at the time the arbitration is initiated. You may obtain information about arbitration, arbitration procedures and fees from AAA by calling 000-000-0000 or visiting xxx.xxx.xxx. If AAA is unable or unwilling to arbitrate a dispute, then the dispute may be referred to any other arbitration organization or arbitrator we both agree upon in writing or that is appointed pursuant to section 5 of the FAA. The arbitration shall take place in Houston, Texas. The arbitrator shall be authorized to award any relief that would have been available in court, provided that the arbitrator’s authority is limited to you and us alone, except as otherwise specifically stated herein. No arbitration decision will have any preclusive effect as to non-parties. The arbitrator’s decision shall be final and binding. You agree that this Arbitration Agreement extends to any other parties involved in any Claims, including but not limited to Guests and our employees, affiliated companies and vendors. This Arbitration Agreement shall take precedence over the rules of the arbitration organization or arbitrator in the event of any conflict. You will be responsible for paying all arbitration fees (other than the lower amount of filing fees you would have incurred in a state or federal court in Houston). Notwithstanding any other provision herein, you may seek relief in a small claims court for Claims within its jurisdiction. In addition, you may exercise any lawful rights to seek provisional remedies or self-help, without waiving the right to arbitrate by doing so. Notwithstanding any other provision of this Agreement, if the foregoing class action waiver and prohibition against class arbitration is determined to be invalid or unenforceable, then this entire Arbitration Agreement shall be void. If any portion of this Arbitration Agreement other than the class action waiver and prohibition against class arbitration is deemed invalid or unenforceable, it shall not invalidate the remaining portions of this Arbitration Agreement. This Arbitration Agreement will survive the termination of this Agreement, your fulfillment or default of your obligations under this Agreement, and/or your or our bankruptcy or insolvency (to the extent permitted by applicable law). YOU HAVE THE RIGHT TO REJECT ARBITRATION, BUT YOU MUST EXERCISE THIS RIGHT PROMPTLY. If you do not wish to be bound by this agreement to arbitrate, you must notify us in writing within sixty (60) days after the date you sign this Agreement. You must send your request to: Houston Dash, c/o Ticket Sales and Services, 0000 Xxxxx Xxx, Xxxxxxx, XX 00000. The request must include your full name, address, account number, and the statement “I reject the Arbitration Agreement contained in my Season Ticket Agreement.” If you exercise your right to reject arbitration, the other terms of this Agreement shall remain in full force and effect as if you had not rejected arbitration.

INDIVIDUAL ARBITRATION AGREEMENT AND CLASS ACTION WAIVER. Member (also “you”) hereby elects to resolve any and all claims and disputes relating in any way to this Agreement or our dealings with one another (“Claims”), except for Claims concerning the validity, scope or enforceability of this Arbitration Agreement, through BINDING INDIVIDUAL ARBITRATION. This Arbitration Agreement involves interstate commerce and shall be governed by the Federal Arbitration Act, 9 U.S.C. §§ 1-16 (“FAA”), and not by state law. Dash Dynamo (also, “we” or “us”) reserves the right to resolve any and all Claims through any methods, including, but, not limited to, arbitration or commencing any legal action in any court with appropriate jurisdiction. Except in the event that you reject arbitration as provided below, you will not be able to have a court or jury trial or participate in a class action or class arbitration. Other rights that you would have if you went to court will not be available or will be more limited in arbitration, including the right to appeal. You understand and agree that by allowing the resolution of any dispute through individual arbitration, YOU ARE WAIVING THE RIGHT TO A COURT OR JURY TRIAL. UNLESS YOU REJECT ARBITRATION AS PROVIDED BELOW, DISPUTES SHALL BE ARBITRATED ON AN INDIVIDUAL BASIS, AND NOT AS A CLASS ACTION, REPRESENTATIVE ACTION, CLASS ARBITRATION OR ANY SIMILAR PROCEEDING. The arbitrator(s) may not consolidate the claims of multiple parties. Arbitrations shall be administered by the American Arbitration Association (“AAA”) pursuant to the applicable AAA rules in effect at the time the arbitration is initiated. You may obtain information about arbitration, arbitration procedures and fees from AAA by calling 000-000-0000 or visiting xxx.xxx.xxx. If AAA is unable or unwilling to arbitrate a dispute, then the dispute may be referred to any other arbitration organization or arbitrator we both agree upon in writing or that is appointed pursuant to section 5 of the FAA. The arbitration shall take place in Houston, Texas. The arbitrator shall be authorized to award any relief that would have been available in court, provided that the arbitrator’s authority is limited to you and us alone, except as otherwise specifically stated herein. No arbitration decision will have any preclusive effect as to non-parties. The arbitrator’s decision shall be final and binding. You agree that this Arbitration Agreement extends to any other parties involved in any Claims, including but not limited to Member Guests and our employees, affiliated companies and vendors. This Arbitration Agreement shall take precedence over the rules of the arbitration organization or arbitrator in the event of any conflict. You will be responsible for paying all arbitration fees (other than the lower amount of filing fees you would have incurred in a state or federal court in Houston). Notwithstanding any other provision herein, you may seek relief in a small claims court for Claims within its jurisdiction. In addition, you may exercise any lawful rights to seek provisional remedies or self-help, without waiving the right to arbitrate by doing so. Notwithstanding any other provision of this Agreement, if the foregoing class action waiver and prohibition against class arbitration is determined to be invalid or unenforceable, then this entire Arbitration Agreement shall be void. If any portion of this Arbitration Agreement other than the class action waiver and prohibition against class arbitration is deemed invalid or unenforceable, it shall not invalidate the remaining portions of this Arbitration Agreement. This Arbitration Agreement will survive the termination of this Agreement, your fulfillment or default of your obligations under this Agreement, and/or your or our bankruptcy or insolvency (to the extent permitted by applicable law). YOU HAVE THE RIGHT TO REJECT ARBITRATION, BUT YOU MUST EXERCISE THIS RIGHT PROMPTLY. If you do not wish to be bound by this agreement to arbitrate, you must notify us in writing within sixty (60) days after the date you sign this Agreement. You must send your request to: Houston DashDynamo, c/o Ticket Sales and Services, 0000 Xxxxx Xxx, Xxxxxxx, XX 00000. The request must include your full name, address, account number, and the statement “I reject the Arbitration Agreement contained in my Season Ticket Agreement.” If you exercise your right to reject arbitration, the other terms of this Agreement shall remain in full force and effect as if you had not rejected arbitration.. *TERMS AND CONDITIONS ARE SUBJECT TO CHANGE PER SECTION 8 ABOVE

INDIVIDUAL ARBITRATION AGREEMENT AND CLASS ACTION WAIVER. Member (also “you”) hereby elects to resolve any and all claims and disputes relating in any way to this Agreement or our dealings with one another (“Claims”), except for Claims concerning the validity, scope or enforceability of this Arbitration Agreement, through BINDING INDIVIDUAL ARBITRATION. This Arbitration Agreement involves interstate commerce and shall be governed by the Federal Arbitration Act, 9 U.S.C. §§ 1-16 (“FAA”), and not by state law. Dash Dynamo (also, “we” or “us”) reserves the right to resolve any and all Claims through any methods, including, but, not limited to, arbitration or commencing any legal action in any court with appropriate jurisdiction. Except in the event that you reject arbitration as provided below, you will not be able to have a court or jury trial or participate in a class action or class arbitration. Other rights that you would have if you went to court will not be available or will be more limited in arbitration, including the right to appeal. You understand and agree that by allowing the resolution of any dispute through individual arbitration, YOU ARE WAIVING THE RIGHT TO A COURT OR JURY TRIAL. UNLESS YOU REJECT ARBITRATION AS PROVIDED BELOW, DISPUTES SHALL BE ARBITRATED ON AN INDIVIDUAL BASIS, AND NOT AS A CLASS ACTION, REPRESENTATIVE ACTION, CLASS ARBITRATION OR ANY SIMILAR PROCEEDING. The arbitrator(s) may not consolidate the claims of multiple parties. Arbitrations shall be administered by the American Arbitration Association (“AAA”) pursuant to the applicable AAA rules in effect at the time the arbitration is initiated. You may obtain information about arbitration, arbitration procedures and fees from AAA by calling 000-000-0000 or visiting xxx.xxx.xxx. If AAA is unable or unwilling to arbitrate a dispute, then the dispute may be referred to any other arbitration organization or arbitrator we both agree upon in writing or that is appointed pursuant to section 5 of the FAA. The arbitration shall take place in Houston, Texas. The arbitrator shall be authorized to award any relief that would have been available in court, provided that the arbitrator’s authority is limited to you and us alone, except as otherwise specifically stated herein. No arbitration decision will have any preclusive effect as to non-parties. The arbitrator’s decision shall be final and binding. You agree that this Arbitration Agreement extends to any other parties involved in any Claims, including but not limited to Member Guests and our employees, affiliated companies and vendors. This Arbitration Agreement shall take precedence over the rules of the arbitration organization or arbitrator in the event of any conflict. You will be responsible for paying all arbitration fees (other than the lower amount of filing fees you would have incurred in a state or federal court in Houston). Notwithstanding any other provision herein, you may seek relief in a small claims court for Claims within its jurisdiction. In addition, you may exercise any lawful rights to seek provisional remedies or self-help, without waiving the right to arbitrate by doing so. Notwithstanding any other provision of this Agreement, if the foregoing class action waiver and prohibition against class arbitration is determined to be invalid or unenforceable, then this entire Arbitration Agreement shall be void. If any portion of this Arbitration Agreement other than the class action waiver and prohibition against class arbitration is deemed invalid or unenforceable, it shall not invalidate the remaining portions of this Arbitration Agreement. This Arbitration Agreement will survive the termination of this Agreement, your fulfillment or default of your obligations under this Agreement, and/or your or our bankruptcy or insolvency (to the extent permitted by applicable law). YOU HAVE THE RIGHT TO REJECT ARBITRATION, BUT YOU MUST EXERCISE THIS RIGHT PROMPTLY. If you do not wish to be bound by this agreement to arbitrate, you must notify us in writing within sixty (60) days after the date you sign this Agreement. You must send your request to: Houston DashDynamo, c/o Ticket Sales and Services, 0000 Xxxxx Xxx, Xxxxxxx, XX 00000. The request must include your full name, address, account number, and the statement “I reject the Arbitration Agreement contained in my Season Ticket Agreement.” If you exercise your right to reject arbitration, the other terms of this Agreement shall remain in full force and effect as if you had not rejected arbitration.

INDIVIDUAL ARBITRATION AGREEMENT AND CLASS ACTION WAIVER. Member (also “you”) hereby elects to resolve any and all claims and disputes relating in any way to this Agreement or our dealings with one another (“Claims”), except for Claims concerning the validity, scope or enforceability of this Arbitration Agreement, through BINDING INDIVIDUAL ARBITRATION. This Arbitration Agreement involves interstate commerce and shall be governed by the Federal Arbitration Act, 9 U.S.C. §§ 1-16 (“FAA”), and not by state law. Dash Dynamo (also, “we” or “us”) reserves the right to resolve any and all Claims through any methods, including, but, but not limited to, arbitration or commencing any legal action in any court with appropriate jurisdiction. Except in the event that you reject arbitration as provided below, you will not be able to have a court or jury trial or participate in a class action or class arbitration. Other rights that you would have if you went to court will not be available or will be more limited in arbitration, including the right to appeal. You understand and agree that by allowing the resolution of any dispute through individual arbitration, YOU ARE WAIVING THE RIGHT TO A COURT OR JURY TRIAL. UNLESS YOU REJECT ARBITRATION AS PROVIDED BELOW, DISPUTES SHALL BE ARBITRATED ON AN INDIVIDUAL BASIS, AND NOT AS A CLASS ACTION, REPRESENTATIVE ACTION, CLASS ARBITRATION OR ANY SIMILAR PROCEEDING. The arbitrator(s) may not consolidate the claims of multiple parties. Arbitrations shall be administered by the American Arbitration Association (“AAA”) pursuant to the applicable AAA rules in effect at the time the arbitration is initiated. You may obtain information about arbitration, arbitration procedures and fees from AAA by calling 000-000-0000 or visiting xxx.xxx.xxx. If AAA is unable or unwilling to arbitrate a dispute, then the dispute may be referred to any other arbitration organization or arbitrator we both agree upon in writing or that is appointed pursuant to section 5 of the FAA. The arbitration shall take place in Houston, Texas. The arbitrator shall be authorized to award any relief that would have been available in court, provided that the arbitrator’s authority is limited to you and us alone, except as otherwise specifically stated herein. No arbitration decision will have any preclusive effect as to non-parties. The arbitrator’s decision shall be final and binding. You agree that this Arbitration Agreement extends to any other parties involved in any Claims, including but not limited to Member Guests and our employees, affiliated companies and vendors. This Arbitration Agreement shall take precedence over the rules of the arbitration organization or arbitrator in the event of any conflict. You will be responsible for paying all arbitration fees (other than the lower amount of filing fees you would have incurred in a state or federal court in Houston). Notwithstanding any other provision herein, you may seek relief in a small claims court for Claims within its jurisdiction. In addition, you may exercise any lawful rights to seek provisional remedies or self-help, without waiving the right to arbitrate by doing so. Notwithstanding any other provision of this Agreement, if the foregoing class action waiver and prohibition against class arbitration is determined to be invalid or unenforceable, then this entire Arbitration Agreement shall be void. If any portion of this Arbitration Agreement other than the class action waiver and prohibition against class arbitration is deemed invalid or unenforceable, it shall not invalidate the remaining portions of this Arbitration Agreement. This Arbitration Agreement will survive the termination of this Agreement, your fulfillment or default of your obligations under this Agreement, and/or your or our bankruptcy or insolvency (to the extent permitted by applicable law). YOU HAVE THE RIGHT TO REJECT ARBITRATION, BUT YOU MUST EXERCISE THIS RIGHT PROMPTLY. If you do not wish to be bound by this agreement to arbitrate, you must notify us in writing within sixty (60) days after the date you sign this Agreement. You must send your request to: Houston DashDynamo, c/o Ticket Sales and Services, 0000 Xxxxx Xxx, Xxxxxxx, XX 00000. The request must include your full name, address, account number, and the statement “I reject the Arbitration Agreement contained in my Season Ticket Agreement.” If you exercise your right to reject arbitration, the other terms of this Agreement shall remain in full force and effect as if you had not rejected arbitration.