Forced Arbitration — a service of Madgett Law, LLC, a Minnesota law firm. It is not a government agency, is not affiliated with the Minnesota Attorney General or any other government office, and is not a legal aid or public interest legal services organization.

Clause database · Home services and warranty

U-Haul

U-Haul Arbitration Agreement

As captured on ; terms may have changed since.

Sector
Home services and warranty
Source
https://www.uhaul.com/Arbitration/
Captured from
the company’s own page, fetched live
Captured (UTC)
SHA-256 of the bytes as served
3902ddde2391edc9c4e35e31566324d468b4000a4548d29d6c7d552f3b086705

Reviewed fields

For each field: the reviewer's category, then the words of the captured document. Where the category is silent, no provision on that field was extracted from the captured text, and nothing is quoted. Every category, with its count, is listed on the data page.

Delegation clause (who decides whether the clause is enforceable)

Reviewed category: to-arbitrator-full

Arbitrator's Authority. The Arbitrator shall: ... Resolve all disputes regarding the scope and enforceability of this Agreement, including the enforcement of the class action waiver

Consumer’s share of arbitration fees

Reviewed category: filing-fee-paid-or-reimbursed

NAM Consumer Filing Fee. If You followed the Notice and Demand Procedure as provided above and paid a filing fee, U-Haul will reimburse You the amount of that fee. ... in the event the conditions for multiple (mass) consumer case filings are met as determined by NAM pursuant to its Supplemental Rules for Mass Arbitrations Rule No. 2 or the AAA pursuant to the Administrative Filing Fees section (i)(B) in the Consumer Arbitration Rules, then each party's portion of the NAM filing fees shall be the Mass Filing Fees as set forth by NAM or AAA filing fees shall be the Multiple Consumer Case Filings Fees as set forth by the AAA, respectively.

Company’s fee promise

Reviewed category: award-floor-or-bonus-tied-to-settlement-offer

Alternative Payment and Attorney Premium. If You followed the Notice and Demand Procedure set forth above, and the Arbitrator issues an award on the merits of Your Claims that is greater than the value of U-Haul 's last written settlement offer sent to You at least fourteen (14) calendar days before the hearing (or submission of documents in a Written Submission-Only procedure), then U-Haul will: pay the award or $7,500, whichever is greater ("Alternative Payment"); and pay Your attorney, if any, reasonable attorney's fees, and reimburse expenses (including expert witness fees) that You reasonably incurred for investigating, preparing, and pursuing Your Claims ("Attorney Premium"). To qualify for payment, expenses must be itemized and submitted to U-Haul within fourteen (14) calendar days of the award. The maximum payment under the Attorney Premium is the amount of the award.

Fee or cost shifting against the consumer

Reviewed category: frivolous-or-rule-11-only

the Arbitrator shall have authority to reallocate said fees if the Arbitrator determines that Claims were filed for an improper purpose or that the Claims are patently frivolous and/or unsupported by applicable law or the reasonable extension of the law.

Pre-filing requirement

Reviewed category: mandatory-condition-precedent

If a Demand is filed without the Certification, NAM or AAA shall consider the Demand incomplete and not filed, and not proceed with its administration and invoicing until a Certification has been submitted.

Mass-arbitration terms

Reviewed category: mass-filing-fee-terms

in the event the conditions for multiple (mass) consumer case filings are met as determined by NAM pursuant to its Supplemental Rules for Mass Arbitrations Rule No. 2 or the AAA pursuant to the Administrative Filing Fees section (i)(B) in the Consumer Arbitration Rules, then each party's portion of the NAM filing fees shall be the Mass Filing Fees as set forth by NAM or AAA filing fees shall be the Multiple Consumer Case Filings Fees as set forth by the AAA, respectively.

Small-claims carve-out

Reviewed category: available-standard-carve-out

U-Haul or You shall bring Claims in small claims court instead of arbitration for those Claims that meet the local jurisdiction requirements for Small Claims. The rules of the small claims court shall apply.

Opt-out

Reviewed category: silent

No provision on this field was extracted from the captured text.

Unilateral modification

Reviewed category: consent-required-for-changes

Modification. This Agreement may only be amended by a writing signed by all parties. Only an officer representing U-Haul may agree on behalf of U-Haul to modify the terms of this Agreement.

Scope

Reviewed category: broad-reaches-affiliates-and-third-parties

"Claims" is broadly interpreted to include any dispute, complaint, controversy, or cause of action arising out of or relating to your relationship with U-Haul or any prior, current or future Transaction with U-Haul All claims, including assigned claims, brought under any legal theory, whether at law or in equity, are covered by this Agreement ... " U-Haul " means all subsidiaries, related companies, insurers, parents, agents, affiliates, and/or independent dealers of the Rental Company, and each of their respective officers, directors, shareholders, managers, employees and other representatives who had anything to do with Your Transaction.

Confidentiality of the arbitration

Reviewed category: protective-order-or-confidentiality-agreement

U-Haul and You agree to negotiate and enter into a Confidentiality Agreement. If U-Haul and You cannot agree on the Confidentiality Agreement, the arbitrator shall have the sole responsibility for determining the appropriate scope of the Confidentiality Agreement.

Shortened limitations period

Reviewed category: expressly-not-shortened

Apply a statute of limitations to all Claims as though brought in an appropriate court of competent jurisdiction

Severability if the class waiver is struck

Reviewed category: whole-clause-void-if-class-waiver-struck

Claims must proceed on an individual and non-class and non-representative basis. ... If any part of this paragraph 5 is deemed unenforceable as to all or part of a dispute, then the entirety of this Arbitration Agreement shall be null and void as to that dispute or part of the dispute, and therefore that claim must proceed in a court of competent jurisdiction.

Counsel or representation restrictions

Reviewed category: silent

No provision on this field was extracted from the captured text.

Mass-arbitration numeric trigger

Reviewed category: provider-rules-deferral

in the event the conditions for multiple (mass) consumer case filings are met as determined by NAM pursuant to its Supplemental Rules for Mass Arbitrations Rule No. 2 or the AAA pursuant to the Administrative Filing Fees section (i)(B) in the Consumer Arbitration Rules, then each party's portion of the NAM filing fees shall be the Mass Filing Fees as set forth by NAM or AAA filing fees shall be the Multiple Consumer Case Filings Fees as set forth by the AAA, respectively.

Read the report