There are important clauses about waiving your rights to future class action suits and agreeing to arbitration that are unusual in my opinion. But one can opt out by sending an email within thirty days of purchase. I will try to post the original document here when I’m back from travel.
POSTED NOW THAT I'M BACK; WHAT FOLLOWS IS FROM THE PURCHASE AGREEMENT
16. DISPUTE RESOLUTION—ARBITRATION, CLASS ACTION WAIVER (v. 05/22)
Binding Arbitration. To the fullest extent permitted by applicable law and except for small claims or if You choose to opt-out as provided below, You and Rivian agree to resolve any claims, demands, disagreements, or disputes between us whether based in contract, tort, statute or otherwise arising from or related to this Agreement or Our relationship, including advertising and other communications between You and Rivian, Rivian products or services, and as applicable, Your credit application, or the purchase or condition of the Vehicle (a “Dispute”) by binding arbitration conducted by the American Arbitration Association (“AAA”) in accordance with the AAA Consumer Arbitration Rules, unless You and We agree otherwise. For more information on arbitration and to access the AAA Consumer Arbitration Rules, please visit:
www.adr.org. If the AAA Consumer Arbitration Rules conflict with this Agreement, then this Agreement shall control. You and We understand that we are both waiving our rights to go to court (other than small claims court, as provided below), to present our claims to a jury and to have claims resolved by a jury trial, and also that judicial appeal rights, if any, are more limited in arbitration than they would be in court.
THEN, SEVERAL PARAGRAPHS DETAILING THE SPECIFICS OF HOW AND WHEN ARBITRATION IS HANDLED. THESE PARAGRAPHS SEEMS TYPICAL FOR ARBITRATION CLAUSES SO TO KEEP THIS POST SHORT(ER), AM NOT REPOSTING THOSE...FAR MORE UNUSUAL -- AND INTERESTING -- IS THE CLASS ACTION WAIVER...
Class Action Waiver. The parties further agree that the arbitration shall be conducted in each party’s respective individual capacity only and not as a class action or other representative action, and
the parties expressly waive their right to file a class action or seek relief on a class basis. [EMPHASIS ADDED] YOU AND RIVIAN AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER PARTY ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, NEITHER YOU NOR RIVIAN WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CONSUMERS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. If a court or arbitrator finds this Class Action Waiver provision to be unenforceable as to a particular class or representative action, then this entire Section 16, Dispute Resolution – Arbitration and Class Action Waiver shall be null and void as to that class or representative action, and the action may only be brought in court rather than in arbitration.
Small Claims Court. Subject to the Initial Dispute Resolution Requirement, either party may bring an individual action in small claims court consistent with the jurisdictional limits that apply to that forum.
Opt-Out Right. You may opt-out of this Section 16, Dispute Resolution – Arbitration and Class Action Waiver within 30 days from the date You electronically sign this Agreement,
by sending an email to [email protected] from the email associated with Your Rivian ID with “Opt-Out of Arbitration” in the subject line and, in the body of the email, Your full name and address. [EMPHASIS ADDED] You agree that any request will not apply to subsequent agreements between You and Rivian unless the other agreement provides an option to opt out and You follow the requirements outlined in that agreement.
Severability. Except as provided in the Class Action Waiver Section above, if any competent legal authority determines any part of this Section 16, Dispute Resolution – Arbitration and Class Action Waiver is illegal or unenforceable, then such part will be eliminated and the remainder of Section 16, Dispute Resolution – Arbitration and Class Action Waiver will remain in force and effect and the unenforceable part shall be deemed to be modified solely to the extent necessary to make it enforceable.
Survival. This
Section 16, Dispute Resolution – Arbitration and Class Action Waiver shall survive the end of this Agreement and/or Your relationship with Rivian, including the end of any promotion or contest, opt-out of communication or other use or participation in any Rivian Product or Service.
By signing immediately below, You acknowledge and agree to the terms and conditions of this Section 16, Dispute Resolution – Arbitration and Class Action Waiver:
