Dispute Resolution / Arbitration
Agreement
and
Class Action Waiver
Pursuant to this Dispute Resolution / Arbitration Agreement and Class Action Waiver (the “Agreement”) it is
agreed as follows:
COVERED CLAIMS: Unless excluded below, all claims involving the following disputes, including such disputes
based on events that occurred before and after the effective date of this Agreement was signed, between or
among Roadie, Inc. (“Roadie”) and/or any user (each a “User”) of the Roadie platform, the Roadie App, or any
other Roadie application or platform whether or not available for in use before and after the effective date of
this Agreement (the “Roadie Platform”),including, but not limited to, any “Driver” (as defined below) and or
“Sender” (as defined below), are and shall be subject to the terms of this Agreement, regardless of which
party, a User or Roadie1 (each a “Covered Party” and collectively “Covered Parties") asserts the claim against
another Covered Party: (1) disputes arising out of, related to, subject to, or connected with the Roadie Terms
& Conditions (“T&Cs”); (2) disputes arising out of or related to the actual or any alleged relationship between
or among any Covered Parties, including termination of the relationship and a Driver’s classification as an
independent contractor; (3) disputes arising out of or relating to Driver’s performance of delivery services to
Senders; (4) disputes arising out of or relating to the interpretation or application of the Agreement, including
the scope, enforceability, revocability, validity, or conscionability of the Agreement or any portion of the
Agreement or whether the Agreement or any portion of the Agreement is void or voidable; (5) disputes
regarding any city, county, state or federal wage-hour law, trade secrets, unfair competition, compensation,
meal or rest periods, expense reimbursement, uniform maintenance, training, termination, discrimination or
harassment; (6) claims arising under the Fair Credit Reporting Act, Defend Trade Secrets Act, Title VII of the
Civil Rights Act of 1964, 42 U.S.C. §1981, the Rehabilitation Act, the Civil Rights Acts of 1866 and 1871, the
Civil Rights Act of 1991, 8 U.S.C. § 1324b (unfair immigration related practices), the Pregnancy Discrimination
Act, Equal Pay Act, Americans With Disabilities Act, Age Discrimination in Employment Act, Family Medical
Leave Act, Fair Labor Standards Act, Employee Retirement Income Security Act, Affordable Care Act, Genetic
Information Non-Discrimination Act, Uniformed Services Employment and Reemployment Rights Act, Worker
Adjustment and Retraining Notification Act, Older Workers Benefits Protection Act of 1990, Occupational
Safety and Health Act, Consolidated Omnibus Budget Reconciliation Act of 1985, False Claims Act, state or
local statutes or regulations addressing the same or similar subject matters; and (7) all other federal, state or
local statutory and legal claims (including without limitation torts) arising out of or relating to Driver’s
relationship with Roadie and/or Sender or the termination of that relationship (each a “ Covered Dispute ”).
However, the preceding paragraph does not apply to claims under the Ending Forced Arbitration of Sexual
Assault and Sexual Harassment Act of 2021, and it does not apply to the Class Action Waiver, the Collective
Action Waiver or the California Private Attorneys General Act (PAGA) Individual Action Requirement, below.
Notwithstanding any other provision or language in this Agreement and/or any rules or procedures that may
otherwise apply by virtue of this Agreement (including, without limitation, the AAA Rules referenced below)
or any amendments and/or modifications to those rules, any claim that the Class Action Waiver, the
1
For clarity, Roadie and each User, including each Driver and Sender, understand and agree that any of Roadie’s, a User’s, Sender’s, and/or a
Driver’s respective current, former and future parents, affiliates, subsidiaries, agents, officers, directors, employees and independent contractors
(excluding in the case of Roadie, Drivers), and any third-party administrator of a Covered Party used to administer the relationship or facilitate
payment between Covered Parties may enforce this Agreement as direct or third-party beneficiaries.
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Collective Action Waiver or the California Private Attorneys General Act (PAGA) Individual Action Requirement
or any portion of the Class Action Waiver, the Collective Action Waiver or PAGA Individual Action
Requirement is unenforceable, inapplicable, unconscionable, or void or voidable, will be determined only by a
court of competent jurisdiction and not by an arbitrator.
For purposes of this Agreement, a “Sender” is any entity or individual who form accounts on the Roadie App
and/or who has a written agreement with Roadie to access and use the Roadie Platform to request delivery
services, or for whose benefit a delivery is being performed. Similarly, a “Driver” is any entity or individual
who forms an account on the Roadie App as a “Driver” and/or otherwise performs delivery services, including
at the request of, or for the benefit, of a Sender.
DISCUSSION BETWEEN COVERED PARTIES: Should any Covered Dispute not be resolved by the Covered Parties
after 30 days discussion between the disputing Parties (or such longer time as may be mutually agreed upon),
the disputing Parties agree to resolve such Covered Dispute in arbitration as described in this Agreement.
Should a Covered Party fail to engage in good-faith discussions to resolve a “Covered Dispute” the
non-conforming Party may initiate arbitration proceedings pursuant to requirements stated herein or seek an
order from a court enforcing the terms of this Agreement.
FEDERAL ARBITRATION ACT: This Agreement is governed by the Federal Arbitration Act (9 U.S.C. § 1, et seq.)
and evidences a transaction involving commerce. If the Federal Arbitration Act is found not to apply to a
particular dispute or to one of the Covered Parties, the Parties agree that the arbitration law of the State(s) in
which the Driver performed delivery services for Senders shall apply for all Covered Disputes.
Nothing contained in this Agreement shall be construed to prevent or excuse any User or Roadie from
utilizing any procedure for resolution of complaints established in the T&Cs and this Agreement is not
intended to be a substitute for the utilization of such procedures. Except as it otherwise provides, this
Agreement is intended to apply to the resolution of disputes that otherwise would be resolved in a court of
law or any other forum other than arbitration and requires all Covered Disputes to be decided by a single
neutral arbitrator through final and binding arbitration and not by way of a court or jury trial.
APPLICATION TO EXISTING CLAIMS AND CONTROVERSIES: The Agreement is intended to broadly apply to all
Covered Disputes regardless of whether arising before or after the Agreement becomes effective, including
any existing controversy, as is permitted under Section 2 of the Federal Arbitration Act or other applicable
law.
LIMITATIONS ON APPLICATION OF THIS AGREEMENT: This Agreement does not apply to the following claims
and such claims are not Covered Disputes: (1) claims related to products lost, damaged or stolen during a
Driver’s performance of delivery services, (2) claims for workers compensation, state disability insurance, or
unemployment insurance benefits; (3) claims between Roadie and Senders covered by separate written
agreements; (4) disputes that an applicable federal statute or lawful, enforceable Executive Order expressly
states cannot be arbitrated or subject to a pre-dispute arbitration agreement; and (5) disputes that may not
be subject to pre-dispute arbitration agreement under the Ending Forced Arbitration of Sexual Assault and
Sexual Harassment Act of 2021. Nothing in this Agreement prevents a User from making a report to or filing a
claim or charge with a government agency, including without limitation the Equal Employment Opportunity
Commission, U.S. Department of Labor, U.S. Securities and Exchange Commission, National Labor Relations
Board, or Office of Federal Contract Compliance Programs. Nothing in this Agreement prevents the
investigation by a government agency of any report, claim or charge otherwise covered by this Agreement.
This Agreement also does not prevent federal administrative agencies from adjudicating claims and awarding
remedies based on those claims, even if the claims would otherwise be covered by this Agreement. Nothing
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in this Agreement prevents or excuses a Covered Party from satisfying any conditions precedent and/or
exhausting administrative remedies under applicable law before bringing a claim in arbitration. Roadie will
not retaliate against a Driver for filing a claim with an administrative agency or for exercising rights
(individually or in concert with others) under Section 7 of the National Labor Relations Act to the extent the
National Labor Relations Act applies.
A Covered Party may apply to a court of competent jurisdiction for temporary or preliminary injunctive relief
in connection with an arbitrable controversy in accordance with applicable law, and any such application shall
not be deemed incompatible with or waiver of this Agreement. The court to which the application is made is
authorized to consider the merits of the arbitrable controversy to the extent it deems necessary in making its
ruling, but only to the extent permitted by applicable law. All determinations of final relief, however, will be
decided in arbitration.
CLASS AND COLLECTIVE ACTION WAIVERS: The Covered Parties agree to bring any Covered Dispute in
arbitration on an individual basis and not as a class, collective, consolidated, or other joint action on behalf of
others. Accordingly:
(1) There will be no right or authority for any Covered Dispute to be brought, heard, or
arbitrated as a class, consolidated, or joint action, or as a member in any such class, consolidated, or joint
proceeding, and an arbitrator will have no authority to hear or preside over any such class, consolidated, or
joint claim (“Class Action Waiver”). The Class Action Waiver shall be severable from this Agreement if there is
a final judicial determination that the Class Action Waiver is invalid, unenforceable, unconscionable, void, or
voidable. In such instances, the class, consolidated, or joint action must be litigated in a civil court of
competent jurisdiction — but the portion of the Class Action Waiver that is enforceable shall be enforced in
arbitration.
(2) There will be no right or authority for any Covered Dispute to be brought, heard, or
arbitrated as a collective action, or as a member in any such collective action proceeding, and an arbitrator
will have no authority to hear or preside over any such collective action claim (“Collective Action Waiver”).
The Collective Action Waiver shall be severable from this Agreement if there is a final judicial determination
that the Collective Action Waiver is invalid, unenforceable, unconscionable, void, or voidable. In such
instances, the collective action must be litigated in a civil court of competent jurisdiction — but the portion of
the Collective Action Waiver that is enforceable shall be enforced in arbitration. The Parties further agree
that Users waive any right to receive notice of any Collective Action that may be filed.
(3) In any instance in which there is a judicial determination that the agreement to arbitrate
detailed in this Agreement is invalid, unenforceable, unconscionable, void, or voidable with respect to any
Covered Dispute, the Class Action Waiver and Collective Action Waiver shall remain independently
enforceable. In such instances, absent a final judicial determination that the Class Action Waiver and/or
Collective Action Waiver, as fits the circumstances, is invalid, unenforceable, unconscionable, void, or
voidable, any Covered Dispute must be litigated in a court of competent jurisdiction on an individual basis
only, unless otherwise expressly permitted by this Agreement.
CALIFORNIA PRIVATE ATTORNEYS GENERAL ACT (“PAGA”) INDIVIDUAL ACTION REQUIREMENT: The Parties
agree to arbitrate PAGA claims on an individual basis only. Therefore, any claim by a User under PAGA to
recover unpaid wages, penalties, or other individual relief must be arbitrated under this Agreement. The
Arbitrator is without authority to preside over any PAGA claim by Drivers on behalf of any other person or
other claim joined by or consolidated with another person’s or entity’s PAGA claim. This PAGA Individual
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Action Requirement clause will be severable from this Agreement if there is a final judicial determination that
it is invalid, unenforceable, unconscionable, void or voidable. In such case, the PAGA action must be brought
and litigated in a civil court of competent jurisdiction—not in arbitration—but the portion of the PAGA
Individual Action Requirement that is enforceable will be enforced in arbitration.
ARBITRATION PROCEDURE: Unless otherwise stated in this Agreement, the American Arbitration Association
(“AAA”) Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the
“AAA Rules”) as then in effect (available at https://adr.org/consumer or calling 1-800-778-7879) shall govern
all arbitrations brought hereunder. A Party who desires to initiate arbitration must provide the other Party
with a written Demand for Arbitration as specified in the AAA Rules and do so within the time required by
applicable law. If an arbitrator determines that a Driver is an “employee”, the AAA Employment Arbitration
Rules or whatever rules promulgated by the AAA to address employment disputes (available at www.adr.org
or by calling 1-800-778-7879) will govern the interpretation and enforcement of this Agreement. However,
each Party shall pay its own costs and attorney’s fees, unless a Party prevails on a statutory claim, and the
statute provides that the prevailing Party is entitled to payment of its attorneys' fees.
If the Parties cannot otherwise agree on a location for the arbitration, the arbitration will be conducted no
more than 45 miles from the last location that the Driver performed services for Senders. The arbitrator shall
be an attorney with experience in the law underlying the dispute who is licensed to practice law in the state
in which the arbitration takes place or a retired judge from any jurisdiction.
In arbitration, the Parties shall have the right to conduct adequate civil discovery, bring dispositive motions,
and present witnesses and evidence as needed to present their cases and defenses, and any disputes in this
regard shall be resolved by the Arbitrator. A Party or at a Party’s request the Arbitrator may subpoena
witnesses and documents discovery purposes or for the arbitration hearing. Each Party shall pay the fees for
its own attorneys, subject to any remedies to which that Party may later be entitled under applicable law, as
determined by the Arbitrator. The Arbitrator may award any Party any remedy to which that Party is entitled
under applicable law, but such remedies shall be limited to those that would be available to a Party in his or
her or its individual capacity in a court of law for the claims presented to and decided by the Arbitrator, and
no remedies that otherwise would be available to an individual in a court of law will be forfeited by virtue of
this Agreement. The Arbitrator may hear and decide motions to dismiss and/or motions for summary
judgment by any Party. The Arbitrator shall issue a reasoned decision or award in writing, stating the
essential findings of fact and conclusions of law. Except as may be permitted or required by law, as
determined by the Arbitrator if there is a dispute, neither a Party nor an Arbitrator may disclose the
existence, content, or results of any arbitration hereunder without the prior written consent of the Parties or
order of the Arbitrator. A Party may file the Arbitrator’s decision or award in a court of competent jurisdiction
for the purpose of seeking confirmation, vacatur, modification or correction of that decision or award. A court
of competent jurisdiction shall have the authority to enter a judgment upon the award made pursuant to the
arbitration.
OPT-OUT: If User chooses to opt out of this Agreement, User must notify the Company of an intention to opt
out by submitting to the Company via email at legal@roadie.com a signed and dated written notice stating
that User is opting out of this Agreement. In order to be effective, User’s opt out notice must be provided
within seven (7) calendar days from first receipt of this Agreement. If User opts out, they will not be subject
to any adverse action from the Roadie as a consequence of that decision and they may pursue available legal
remedies without regard to this Agreement. If User does not opt out within seven (7) calendar days, they
shall be deemed to have voluntarily agreed to this Agreement.
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NOTICE OF ARBITRATION DEMAND: If a Covered Party wishes to initiate arbitration, the initiating Party must
notify the other Party in writing via certified mail, return receipt requested, or delivered by overnight courier
within the applicable statute of limitations period (deadline for filing). In the case of a nationally
recognized overnight courier service, notice shall be deemed to have been given and received on the second
business day following its deposit with such courier service. No signature affirming receipt by the receiving
party is required. The internal records of the courier service are to be accepted as sufficient evidence. This
demand for arbitration must include (1) the name and address of the party seeking arbitration, (2) a
statement of the legal and factual basis of the claim, and (3) a description of the remedy sought. Any
demand for arbitration by Driver or Sender must be delivered to Roadie, Attn: General Counsel, Roadie, Inc.
7778 McGinnis Ferry Rd, #270, Suwanee, GA 30024. If Roadie initiates arbitration against Driver or Sender, it
will provide notification to Driver or Sender at the last address Driver or Sender provided in writing to Roadie.
VOLUNTARY AGREEMENT TO ARBITRATE: The Parties acknowledge and agree that executing this Agreement is
voluntarily and without any duress, coercion, or undue influence by Roadie or any other Party and that
agreeing to arbitration under this Agreement is strictly voluntary. This Agreement is not a mandatory
condition of agreeing to the T&Cs or a User’s contractual relationship with Roadie or Sender using the Roadie
Platform. THE PARTIES ACKNOWLEDGE AND UNDERSTAND THAT SIGNING THIS ARBITRATION PROVISION
AGREEMENT IS NOT REQUIRED TO USE THE ROADIE PLATFORM, INCLUDING WHETHER TO PERFORM
SERVICES AS A DRIVER OR RECEIVE SERVICES AS A SENDER UNDER THE T&Cs.
RIGHT TO CONSULT WITH AN ATTORNEY: Agreeing to arbitration is an important business decision. Users
have the right to consult with private counsel of such User’s choice with respect to any aspect of the T&Cs or
any claim that may be subject to this Agreement.
SURVIVAL: All of the Parties’ obligations under this Agreement shall remain in force and survive termination
or expiration of the contractual relationship between the Parties.
ENTIRE AGREEMENT, SEVERABILITY AND WAIVER: This Agreement replaces all prior agreements regarding
the arbitration of disputes and is the full and complete agreement relating to the resolution of disputes
covered by this Agreement. In addition to as provided regarding the Class Action Waiver, Collective Action
Waiver and PAGA Individual Action Requirement sections above, if any provision of this Agreement is
adjudged to be invalid, void, voidable or otherwise unenforceable, in whole or in part, such provision shall,
without affecting the validity of the remainder of the Agreement, be severed from this Agreement. All
remaining provisions shall remain in full force and effect. No waiver by either party of any default by the
other party under this Agreement shall operate as a waiver of any future default, whether of like or different
character or nature. Notwithstanding the above, should any User have a separate written agreement with
Roadie that addresses the resolution of disputes that would otherwise be a Covered Dispute, the terms of
such agreement shall supersede the terms of this Agreement.
INDEPENDENT CONTRACTOR STATUS. User agrees and acknowledges that entering into this Agreement and
referencing the types of claims covered by this Agreement does not change a User’s relationship with Roadie
or any other Covered Party, that each Driver is acting as an independent contractor, that no Driver is an
employee of Roadie or any Sender, and that Roadie is acting as an independent contractor as to each Sender,
and that any disputes in this regard shall be subject to arbitration, as well as the Class Action Waiver,
Collective Action Waiver, and PAGA Individual Action Requirement, as provided in this Agreement.
CONSIDERATION. The Parties agree that the mutual obligations by Users and Roadie to arbitrate disputes
provide adequate consideration for this Agreement.
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BY ELECTRONICALLY SIGNING THE DOCUMENT BELOW, I AM AGREEING (A) THAT I HAVE RECEIVED,
CAREFULLY READ AND UNDERSTAND THIS ARBITRATION AGREEMENT AND CLASS ACTION WAIVER AND
VOLUNTARILY AGREE TO ITS TERMS, AND (B) BY SIGNING THIS AGREEMENT BY WET SIGNATURE (IF THIS IS
A PAPER COPY) OR BY USING AN ELECTRONIC SIGNATURE (VIA DOCUSIGN OR OTHER ELECTRONIC MEANS)
ON THE AGREEMENT OR ON A SEPARATE SCREEN (IN WHICH CASE YOUR NAME, SIGNATURE AND DATE
MAY NOT APPEAR ON THIS AGREEMENT), I AM VOLUNTARILY AGREEING TO THIS ARBITRATION
AGREEMENT AND CLASS ACTION WAIVER AND AGREE TO ARBITRATE ALL CLAIMS COVERED BY THIS
AGREEMENT. ADDITIONALLY, IF I AM USING AN ELECTRONIC SIGNATURE, I AUTHORIZE THE USE OF AN
ELECTRONIC SIGNATURE TO SHOW MY ACCEPTANCE OF AND AGREEMENT TO THIS AGREEMENT AND
UNDERSTAND AND ACKNOWLEDGE THAT MY ELECTRONIC SIGNATURE (EVEN IF IT DOES NOT PHYSICALLY
APPEAR ON THIS PAGE) IS VALID AND HAS THE SAME LEGAL EFFECT AS AN INK SIGNATURE.
Date: 10/24/2024 06:31 PM UTC
Roadie AA 12 19 2022
