U-Haul Arbitration Agreement
Please read this carefully. This agreement affects your rights.
By agreeing to purchase retail products or purchase or rent Equipment ('Equipment' as defined below) from U-Haul ('U-Haul' as defined below), You ('You' as defined below) agree to the terms and conditions of this U-Haul Arbitration Agreement ('Agreement').
- U-Haul and You agree that U-Haul's sales and rentals have an effect on interstate commerce. Therefore, U-Haul and You agree that this Agreement shall be construed and interpreted under the Federal Arbitration Act, 9 U.S.C. Section 1, et. seq.
- U-Haul and You agree that any and all Claims ('Claims' as defined below) between U-Haul and You relating in any way to your rental or purchase from U-Haul shall be submitted to binding Arbitration before the American Arbitration Association ('AAA') in accordance with the AAA Commercial Arbitration Rules (www.adr.org/commercial) and Supplementary Procedures for Consumer-Related Disputes (www.adr.org/consumer) ('AAA Rules'). AAA Rules are also available at www.uhaul.com/arbitration/rules.aspx. Judgment may be entered on the Arbitration award by a Court of competent jurisdiction. You and U-Haul agree that Claims submitted to Arbitration shall be decided in a single arbitration before a single Arbitrator who must be on the AAA National Roster of Commercial Arbitrators and selected in accordance with the AAA Rules. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators have the authority to award the same damages and relief that a court can award.
- U-HAUL AND YOU AGREE THAT CLAIMS MAY ONLY BE BROUGHT IN AN INDIVIDUAL CAPACITY AND IN THE NAME OF AN INDIVIDUAL PERSON OR ENTITY AND THAT CLAIMS MUST PROCEED ON AN INDIVIDUAL AND NON-CLASS AND NON-REPRESENTATIVE BASIS. U-HAUL AND YOU AGREE THAT CLAIMS OF TWO OR MORE PERSONS MAY NOT BE JOINED OR CONSOLIDATED IN THE SAME ARBITRATION UNLESS ARISING FROM THE SAME TRANSACTION. FURTHERMORE, U-HAUL AND YOU AGREE THAT NEITHER YOU NOR U-HAUL MAY PURSUE THE CLAIMS IN ARBITRATION AS A CLASS ACTION OR PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE ACTION NOR MAY ANY SUCH CLAIMS BE PURSUED ON EITHER OF OUR BEHALF IN ANY COURT, INCLUDING ASSIGNED CLAIMS. THE ARBITRATOR SHALL HAVE THE AUTHORITY TO AWARD RELIEF ONLY ON AN INDIVIDUAL AND NON-CLASS AND NON-REPRESENTATIVE BASIS.
- You acknowledge and agree that You voluntarily and knowingly entered into this Arbitration Agreement, and chose to rent or purchase from U-Haul rather than one of its competitors who may not have an arbitration agreement.
- In the event this Agreement conflicts with any Arbitration Agreement in the Rental Contract Addendum or Document Holder or elsewhere, this Agreement shall control.
'Equipment' means that equipment, item, vehicle and/or trailer identified on the rental or sales contract.
'U-Haul' means U-Haul International, Inc. and its respective subsidiaries, insurers, parent, affiliates, agents, and dealers.
'You' means You and Your respective subsidiaries, affiliates, agents, employees, predecessors in interest, successors, relatives, spouse, beneficiaries, estate, domestic partners, heirs and assigns, as well as all authorized or unauthorized users of the U-Haul equipment rented or purchased from U-Haul.
'Claims' is to be broadly interpreted to include any dispute, claim or cause of action arising out of or relating to, Your dealings with U-Haul, including but not limited to, the reservation and/or reservation process, use of any affiliated U-Haul website, advertising, rental or sales contract, or Equipment. Claims include any and all legal theories, including but not limited to, all statutory and tort claims, that may be asserted by You.
Rules applicable to all Claims:
Notice and Demand Procedure. If You intend to seek Arbitration, You must first send to U-Haul, by certified mail, a written Notice of Dispute ('Notice'). The Notice should be addressed to U-Haul Arbitration, 2721 North Central Ave., 5th Floor, Phoenix, AZ 85004 ('Notice Address'). You may download a form Notice at www.uhaul.com/arbitration/forms.aspx. If U-Haul and You do not reach an agreement to resolve the Claims within 60 days after the Notice is received, or immediately upon U-Haul's denial of Your Claims, You or U-Haul may commence an Arbitration proceeding by filing a Demand for Arbitration ('Demand'). You may download a form Demand at www.uhaul.com/arbitration/forms.aspx. During the Arbitration, the amount of any settlement offer made by U-Haul or You shall not be disclosed to the Arbitrator until after the Arbitrator determines the amount, if any, to which U-Haul or You is entitled.
Arbitration Rules. The AAA Commercial Arbitration Rules (www.adr.org/commercial) and Supplementary Procedures for Consumer-Related Disputes (www.adr.org/consumer) are also available at www.uhaul.com/arbitration/rules.aspx and apply in the arbitration of all Claims with the following exceptions:
- Small Claims Court Option. For Claims that do not exceed the jurisdictional limit of small claims court, U-Haul or You may bring Claims in small claims court instead of arbitration. The rules of the small claims court shall apply.
- Claims seeking $75,000 or less. After U-Haul receives the required Demand for Arbitration that You have commenced Arbitration, it will reimburse You for your payment of the filing fee. The Arbitration will take place in the County (or Parish) where You reside, either at the time of the rental and/or sale or return of the Equipment, unless otherwise agreed in writing by You and U-Haul. U-Haul waives any right to recover attorneys' fees or costs from You except as expressly provided in this Agreement. If the Notice procedure above was followed and: a) U-Haul did not make a written offer to settle the dispute before an arbitrator was selected, and the Arbitrator awards you any relief on the merits; or b) after finding in Your favor in any respect on the merits of Your claim, the Arbitrator issues You an award that is greater than the value of U-Haul's last written settlement offer made before an arbitrator was selected, then U-Haul will: i) pay You the amount of the Arbitrator's award or $7,500, whichever is greater ('Alternative Payment'); and ii) pay Your attorney, if any, the amount of reasonable attorneys' fees, and reimburse any expenses (including expert witness fees and costs) that Your attorney reasonably accrued for investigating, preparing, and pursuing Your Claim in Arbitration ('Attorney Premium').
- Claims seeking $15,000 or less. In addition to sub-paragraph 'b' above, You may choose whether the Arbitration proceeds in person, by telephone, or based only on written submissions.
- Claims seeking in excess of $500,000. The AAA Rules for Large, Complex Commercial Disputes shall apply (www.adr.org/commercial). Payment of all fees will be governed by AAA Rules. The Arbitration will take place in the County (or Parish) where You reside, either at the time of the rental and/or sale or return of the Equipment, unless otherwise agreed in writing by U-Haul and You. The Federal Rules of Evidence shall apply unless otherwise agreed to in writing by U-Haul and You.
Arbitrator’s Authority. The Arbitrator shall issue a written decision sufficient to explain the essential findings and conclusions on which the award is based. The Arbitrator has the authority to make rulings and resolve disputes as to the payment and reimbursement of fees, expenses, and the Alternative Payment and the Attorney Premium at any time during the proceeding and upon request from either party made within 14 days of the Arbitrator's ruling on the merits. The Arbitrator has the authority to award any form of individual relief, including equitable relief, including injunctions, and other relief available under applicable law. The Arbitrator is bound by the terms of this Agreement. All issues are for the Arbitrator to decide, except issues relating to the scope and enforceability of the Arbitration Agreement (including but not limited to the enforceability of the individual action requirement of paragraph 3, above) which shall be for a Court of competent jurisdiction to decide.
Statute of Limitations. The Arbitrator shall apply a statute of limitations to all Claims as though such Claims were brought in a court of competent jurisdiction.
Confidentiality. In order to protect the confidential, proprietary, and trade secret information of the parties, U-Haul and You agree to enter into a Confidentiality Agreement as negotiated by U-Haul and You. 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. In no event shall the Confidentiality Agreement in any way prevent U-Haul or You from using any document marked as “confidential” in an Arbitration proceeding under this Agreement, subject to any ruling on admissibility by the Arbitrator.
Fees. Except as otherwise provided in this Agreement, U-Haul will pay all AAA filing, administration, and arbitrator fees for any Arbitration initiated in accordance with the Notice Procedure above. Current filing fees are available at www.adr.org. If, however, the Arbitrator finds that either the substance of Your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all such fees will be governed by the AAA Rules. In such case, You agree to reimburse U-Haul for all monies previously disbursed by it that are otherwise Your obligation to pay under the AAA Rules.
Attorneys' Fees and Costs. The right to attorneys' fees and expenses is in addition to any right to attorneys' fees You may have under applicable law. However, You may not recover duplicative awards of attorneys' fees or costs. Although under some laws U-Haul may have a right to an award of attorneys' fees and expenses if it prevails in Arbitration, U-Haul agrees that it will not seek such an award.