Representative Action Waiver Clause Samples

A Representative Action Waiver is a contractual provision that prevents parties from bringing or participating in lawsuits or claims on behalf of a larger group, such as class actions or representative actions. In practice, this means that each party agrees to resolve disputes individually and not as a representative or member of a group claim, often in the context of arbitration agreements. The core function of this clause is to limit legal exposure and streamline dispute resolution by ensuring that claims are handled on an individual basis, thereby reducing the risk and complexity associated with collective legal actions.
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Representative Action Waiver. To the extent permissible by law, there shall be no right or authority for any dispute to be arbitrated as a representative action or as a private attorney general action, including but not limited to claims brought pursuant to the Private Attorney General Act of 2004, Cal. Lab. Code § 2698, et seq. (“Representative Action Waiver”). THIS MEANS THAT, TO THE EXTENT CONSISTENT WITH APPLICABLE LAW, EXECUTIVE MAY NOT SEEK RELIEF ON BEHALF OF OTHERS IN ARBITRATION, INCLUDING BUT NOT LIMITED TO SIMILARLY AGGRIEVED EMPLOYEES. THE ARBITRATOR’S AUTHORITY TO RESOLVE ANY DISPUTE AND TO MAKE WRITTEN AWARDS WILL BE LIMITED TO EXECUTIVE’S INDIVIDUAL CLAIMS.
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Representative Action Waiver. (a) This Arbitration Provision affects your ability to participate in representative actions. To the maximum extent provided by law, both Uber and you agree to bring any dispute in arbitration on an individual basis only, and not on a representative basis—including but not limited to as a private attorney general representative under the California Labor Code—on behalf of others. There will be no right or authority for any dispute to be brought, heard or arbitrated as a representative action, or for you to participate as a member in any such representative proceeding (“Representative Action Waiver”). Notwithstanding any other provision of this Arbitration Provision or the JAMS Rules, disputes in court or arbitration regarding the validity, enforceability, conscionability or breach of the Representative Action Waiver, or whether the Representative Action Waiver is void or voidable, may be resolved only by the court and not by an arbitrator. If any portion of this Representative Action Waiver is found to be unenforceable or unlawful for any reason (1) any representative claims subject to the unenforceable or unlawful portion(s) shall proceed in a civil court of competent jurisdiction; (2) the portion of the Representative Action Waiver that is enforceable shall be enforced in arbitration; (3) the unenforceable or unlawful provision shall be severed from this Agreement; and (4) severance of the unenforceable or unlawful provision shall have no impact whatsoever on the Arbitration Provision or the arbitrability of any remaining claims asserted by you or us. (b) Disputes regarding the nature of your relationship with us (including, but not limited to, any claim that you are an employee of us), as well as any claim you bring on your own behalf as an aggrieved worker for recovery of underpaid wages or other individualized relief (as opposed to a representative claim for civil penalties) are arbitrable and must be brought in arbitration on an individual basis only as required by this Arbitration Provision. You agree that any representative claim that is permitted to proceed in a civil court of competent jurisdiction must be stayed pending the arbitration of your dispute regarding the nature of your relationship with us and any claim you bring on your own behalf for individualized relief.
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Representative Action Waiver. The Parties give up the right to bring a non-class representative lawsuit or non-class representative arbitration (such as serving as a private attorney general or seeking a public injunction), or to participate in either as a claimant, in any jurisdiction in which such procedure might be permitted. The Parties agree that the waiver of rights in this paragraph G is necessary to ensure any Dispute is arbitrated in an informal and expedited fashion and the exercise of such rights would be contrary to the Parties’ intention to resolve Disputes informally and expeditiously.
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Representative Action Waiver. Parties agree that, to the maximum extent provided by law, all Claims between the Parties will be resolved only in individual arbitration, and not on a representative basis. There will be no right or authority for any dispute (whether brought by you or us, or on your or our behalf) to be brought, heard, administered, or arbitrated as a representative action, or for you or us to participate as a member in any such representative proceeding. Moreover, the Parties waive their right to: (i) Have any Claim brought, heard, administered, or arbitrated as a representative action; (ii) Participate in any representative action, including but not limited to Claims brought under any state’s Private Attorneys General Act; and (iii) seek, recover, or obtain any non-individual relief. Neither this Section, nor any applicable arbitration provider’s rules, prevent either Party from participating in a representative settlement of claims.
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Representative Action Waiver. Employee further agrees that Employee is waiving the right to bring, or to participate in, a representative action, including a Private Attorneys General Act (“PAGA”) action, whether filed in a court of law or in arbitration, against Empire (the “Representative Action Waiver”). If the Representative Action Waiver is found to be unenforceable, the Parties agree that a court of law, and not arbitration, is the only forum for a representative action, including a PAGA action, against Empire. No arbitrator shall have the authority under this Agreement to order any such representative action.
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Representative Action Waiver. This Arbitration Provision affects your ability to participate in representative actions. To the maximum extent provided by law, both the Company and you agree to bring any dispute in arbitration on an individual basis only, and not on a representative basis—including but not limited to as a private attorney general representative under the California Labor Code—on behalf of
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Representative Action Waiver. Employee and MAC waive any right for a dispute or claim to be brought, heard, or decided as a Private Attorney General Representative Action on behalf of any other employees (“Representative Action”), and the arbitrator has no power or authority to preside over a Representative Action ("Representative Action Waiver"). The Representative Action Waiver does not apply to any claim Employee may bring in arbitration as a private attorney general solely on his/her own behalf. In the event this Representative Action Waiver is found to be invalid or unenforceable, it shall be severed from this Agreement and any Representative Action must be litigated in a court of competent jurisdiction.
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Representative Action Waiver. (a) This Arbitration Provision affects your ability to participate in representative actions. To the maximum extent provided by law, both Uber and you agree to bring any dispute in arbitration on an individual basis only, and not on a representative basis— including but not limited to as a private attorney general representative under the California Labor Code—on behalf of others. There will be no right or authority for any dispute to be brought, heard or arbitrated as a representative action, or for you to participate as a member in any such representative proceeding (“Representative Action Waiver”). Notwithstanding any other provision of this Arbitration Provision or the JAMS Rules, disputes in court or arbitration regarding the validity, enforceability, conscionability or breach of the Representative Action Waiver, or whether the Representative Action Waiver is void or voidable, may be resolved only by the court and not by an arbitrator. If any portion of this Representative Action Waiver is found to be unenforceable or unlawful for any reason (1) any representative claims subject to the unenforceable or unlawful portion(s) shall proceed in a civil court of competent jurisdiction;
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Related to Representative Action Waiver

  • Class, Collective and Representative Action Waiver THE PARTIES AGREE THAT COVERED CLAIMS WILL, AT EITHER PARTY’S ELECTION, ONLY BE ARBITRATED ON AN INDIVIDUAL BASIS AND THAT EACH WAIVES THE RIGHT TO PARTICIPATE IN OR RECEIVE COMPENSATION FROM ANY CLASS, COLLECTIVE OR REPRESENTATIVE PROCEEDING. NO PARTY MAY BRING A CLAIM ON BEHALF OF OTHER INDIVIDUALS; ANY ARBITRATOR HEARING A COVERED CLAIM MAY NOT COMBINE MORE THAN ONE INDIVIDUAL’S CLAIM OR CLAIMS INTO A SINGLE CASE OR TO ARBITRATE ANY FORM OF A CLASS, COLLECTIVE OR REPRESENTATIVE PROCEEDING. SHOULD ANY PORTION OF THE FOREGOING WAIVER BE FOUND INVALID, THE REMAINING PORTION THAT IS VALID WILL BE ENFORCED TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW.

  • Class Action Waiver THE PARTIES AGREE THAT ANY CLAIMS WILL BE ADJUDICATED ON AN INDIVIDUAL BASIS, AND EACH WAIVES THE RIGHT TO PARTICIPATE IN A CLASS, COLLECTIVE, PAGA, OR OTHER JOINT ACTION WITH RESPECT TO THE CLAIMS.

  • Notice of Union Representative Visits The Union shall inform the Company when any representative of the Union intends to visit the worksite for the purpose of conducting Union business. Such visits will not disrupt employees working without the supervisor/manager’s permission.

  • Alternative Action In the event it shall become impossible for the Bank or the Plan Administrator to perform any act required by this Agreement due to regulatory or other constraints, the Bank or Plan Administrator may perform such alternative act as most nearly carries out the intent and purpose of this Agreement and is in the best interests of the Bank, provided that such alternative act does not violate Code Section 409A.

  • Union Representative Visits The Union shall inform the Employer in advance whenever the designated representatives of the Union intend to visit the Employer’s premises for the purpose of conducting Union business. Such visits shall not interfere with the normal operations of the worksite. Reasonable accommodation will be made to allow the Presidents of the Unions to have access to union members to conduct union business.