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Dispute Resolution / Arbitration Agreement

Updated

EFFECTIVE DATE: April 11, 2026

UNITED STATES

PLEASE READ THIS DISPUTE RESOLUTION / ARBITRATION AGREEMENT (the “AGREEMENT”) CAREFULLY BECAUSE, UNLESS YOU OPT OUT WITHIN 30 DAYS, IT REQUIRES YOU AND US TO ARBITRATE CONTROVERSIES, WITH LIMITED EXCEPTIONS, AND LIMITS THE MANNER IN WHICH YOU OR WE CAN SEEK RELIEF. PLEASE READ THIS SECTION CAREFULLY. IT CONTAINS A MANDATORY ARBITRATION PROVISION AND THEREFORE AFFECTS YOUR RIGHTS AND GOVERNS HOW CLAIMS PRESENTED ON THE OUTDOORSY PLATFORM ARE RESOLVED.

Subject to the Terms of this Agreement, you and Outdoorsy agree that any disagreement, dispute, or claim arising out of or relating in any way to, the current or previous versions of the Outdoorsy Terms of Service (the "Terms") or, your use of or access to the Services, as defined in the Terms (each a “Dispute”), will be resolved in accordance with the provisions set forth in this United States section of the Agreement.

For the purpose of this Agreement, “Disputes” shall have the broadest possible meaning that will be enforced and includes any and all disagreements, disputes, or claims arising out of or relating to your use of or access to the Services, whether between you and Outdoorsy or between you and another guest and/or host, subject to the limited exceptions outlined below.  “Disputes” will also include disputes that were not noticed before the parties entered into this Agreement but that arose or involve facts occurring before the existence of this or any prior versions of this Agreement, as well as those that may arise after the termination of this Agreement.

 

Informal dispute resolution and Agreement to Arbitrate

If a Dispute, claim, or controversy arises between Outdoorsy, a guest, and/or a host (collectively, the “Parties” and, each, a “Party”), all Parties agree to participate in good faith informal efforts to resolve the Dispute before initiating arbitration (“Informal Dispute Resolution”). All Parties agree that as part of these efforts, any Party has the option to ask another Party to meet and confer telephonically (“Informal Dispute Resolution Conference”). If you are represented by counsel, your counsel may participate in the conference, but you must also personally participate. To initiate Informal Dispute Resolution, a Party must give notice in writing to the other affected Party(ies) (“Notice”). Such Notice to Outdoorsy should be sent by email to disputes@outdoorsy.com. The Notice must include: (1) your name, telephone number, mailing address, and e‐mail address associated with your account (if you have one); (2) the name, telephone number, mailing address and e‐mail address of your counsel, if any; and (3) a description of the Dispute, including the specific relief sought. Outdoorsy will send Notice, including a description of the Dispute, to your email address or regular address on file.  It is your responsibility to ensure your email and regular address are correct and remain up to date. The Notice must be signed by the Party initiating the Dispute (i.e., either you personally or an Outdoorsy representative). The Informal Dispute Resolution process lasts 45 days and is a mandatory precondition to commencing arbitration. During this period, a Party has the option to ask the other Party(ies) to participate in an Information Dispute Resolution Conference as part of a good faith effort to resolve the Dispute. The Informal Dispute Resolution Conference shall be individualized such that a separate conference must be held each time any Party initiates a Dispute, even if the same law firm or group of law firms or organizations represents multiple users in similar cases, unless all Parties agree; multiple individuals initiating a Dispute cannot participate in the same Informal Dispute Resolution Conference unless all Parties agree.  

If the Parties are unable to resolve the Dispute within 45 days after the Notice is sent or upon completion of an Informal Dispute Resolution Conference, if requested by any Party, whichever is later, the Parties agree they may initiate arbitration. The Party seeking arbitration must first notify the other Party(ies) via email of their intent to pursue arbitration and then may initiate arbitration. The arbitration will be administered by New Era ADR in accordance with the New Era ADR Rules and Procedures in effect at the time of arbitration (the “New Era Rules”), and as modified by this Agreement. The New Era Rules are currently available at https://files.neweraadr.com/New-Era-ADR-Rules-January-2026.pdf. If New Era ADR is unable or unwilling to administer the arbitration in accordance with this Agreement, or a court of competent jurisdiction determines that any portion(s) of this Agreement are unconscionable or unenforceable because they name New Era ADR and/or select the New Era Rules, then the arbitration will be administered by the National Arbitration & Mediation ("NAM”) in accordance with the NAM Comprehensive Dispute Resolution Rules and Procedures (the “NAM Comprehensive Rules”) in effect at the time of arbitration, except as supplemented, where applicable, by the NAM Mass Filing Supplemental Dispute Resolution Rules and Procedures (the “NAM Mass Filing Rules”; together with the NAM Comprehensive Rules, the “NAM Rules”), and as modified by this Agreement. The NAM Rules are currently available at https://www.namadr.com/resources/rules-fees-forms/. Any settlement offers made by either party must not be disclosed to the arbitrator. All Parties further agree that any Dispute must commence within one (1) year after the cause of action accrues, unless prohibited by applicable law; otherwise, such cause of action is permanently barred.  However, all filing deadlines shall be tolled while the Parties engage in the Informal Dispute Resolution process described herein.

 

Applicable law 

This Agreement and the Terms to which it applies evidences a transaction involving interstate commerce and notwithstanding any other provision herein with respect to the applicable substantive law, the Federal Arbitration Act, 9 U.S.C. § 1 et seq., will govern the interpretation and enforcement of this Arbitration Agreement, including the procedures governing Batch Arbitration, and any arbitration. To the extent state law is applicable to this Agreement to Arbitrate, the Parties agree that the substantive law of the state of Texas will apply, without regard to its conflict of law provisions.

 

Exceptions to Agreement to Arbitrate 

The only exceptions to this Agreement to Arbitrate are as follows:

  • Injunctive or equitable relief to prevent the actual or threatened infringement, misappropriation, or violation of a Party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights. However, the Parties agree that any court proceedings shall be stayed pending the final resolution in arbitration of any arbitrable claims or issues;

  • Relief in small claims court, if claims qualify for small claims court, the Dispute is between guest(s) and host(s) and Outdoorsy is not a party, and the amount in dispute is up to $2,500, unless otherwise required by applicable law; and

  • In the event California law is found to apply to this Agreement to Arbitrate, any remedy seeking public injunctive relief (i.e., injunctive relief that has the primary purpose and effect of prohibiting unlawful acts that threaten future injury to the general public). However, the Parties agree that, in that case, only such claim or request for relief shall be permitted to proceed in court, and any such court proceeding shall be stayed until all claims between the Parties that remain in arbitration are finally resolved.

 

Arbitration procedures 

Unless you and Outdoorsy otherwise agree, or the Batch Arbitration process discussed below is triggered, the arbitration, including any in-person arbitration hearing, will be conducted in the county where you reside or as mutually agreed by the Parties. For any claim or counterclaim seeking up to $25,000, the Parties agree that the arbitration will proceed solely on written submissions, unless the arbitrator determines an in-person hearing, or hearing by phone or video, is necessary or is requested by either Party.  Subject to the New Era ADR Rules, the arbitrator may direct a limited and reasonable exchange of information between the Parties, consistent with the expedited nature of arbitration. Your responsibility to pay any New Era ADR fees and costs will be solely as set forth in the applicable New Era ADR fee schedules (the “Fee Schedules”). If the Parties are unable to agree upon an arbitrator within thirty-five (35) days of delivery of the demand for arbitration, then New Era ADR will appoint the arbitrator in accordance with New Era ADR Rules, provided that if the Batch Arbitration process is triggered, New Era ADR, without soliciting input or feedback from any party, will appoint the arbitrator for each batch, subject to your right to object to that appointment.

All parties agree that, to the extent permissible by law, all communications, materials, and documents exchanged during or in connection with the arbitration proceedings (“Confidential Information”) will remain strictly confidential, except when disclosure is necessary to enforce or implement any rulings or awards issued in arbitration or this Agreement to Arbitrate. Confidential Information shall not be shared with anyone except the Parties’ attorneys, accountants, or business advisors, and then subject to the condition that they agree to keep all such Confidential Information confidential. 

If an arbitration award is granted to a party and payment is not made within the specified time frame, Outdoorsy reserves the right to disclose the non-paying Party’s contact information, including but not limited to address, to the prevailing Party to facilitate enforcement of the award.

 

Batch Arbitration

To increase the efficiency of administration and resolution of arbitrations, all Parties agree that in the event that there are twenty-five (25) or more individual Demands of a substantially similar nature filed against Outdoorsy by or with the assistance of the same law firm, group of law firms, or organizations, within a reasonably proximate period of time, for example, a ninety (90) day period, New Era ADR shall (1) administer the arbitration demands in batches of 100 Demands per batch (or, if between twenty-five (25) and ninety-nine (99) individual Demands are filed, a single batch of all those Demands, and, to the extent there are fewer than 100 Demands remaining after the batching described above, a final batch consisting of the remaining Demands); (2) appoint one arbitrator for each batch; and (3) provide for the resolution of each batch on a consolidated basis with one set of administrative fees due per batch, one procedural calendar, one hearing (if any) in a place to be determined by the arbitrator, and one final award, which will provide for any and all relief to which the arbitrator determines each individual Party is entitled (“Batch Arbitration”). New Era ADR shall administer all batches concurrently, to the extent possible. All Parties agree that Demands are of a “substantially similar nature” if they arise out of or relate to the same event or factual scenario and raise the same or similar legal issue(s) and seek the same or similar relief. To the extent the Parties disagree on the application of the Batch Arbitration process, the disagreeing party shall advise New Era ADR, and New Era ADR shall appoint a sole standing administrative Arbitrator, according to the NAM Rules, to determine the applicability of the Batch Arbitration process (the “Administrative Arbitrator”). In an effort to expedite resolution of any such dispute by the Administrative Arbitrator, the Parties agree the Administrative Arbitrator may set forth such procedures as are necessary to resolve any disputes promptly. The Administrative Arbitrator’s fees shall be paid by Outdoorsy. You and Outdoorsy agree to cooperate in good faith with New Era ADR to implement the Batch Arbitration process including the payment of single administrative fees for batches of Demands, as well as any steps to minimize the time and costs of arbitration, which may include: (1) the appointment of a discovery special master to assist the arbitrator in the resolution of discovery disputes; and (2) the adoption of an expedited calendar of the arbitration proceedings. This Batch Arbitration provision shall in no way be interpreted as authorizing or creating a class, collective, and/or representative arbitration or action of any kind, except as expressly set forth in this provision, and nothing about the Batch Arbitration process will preclude any party from participating in any arbitration administered according to that process.

 

Costs of arbitration

Unless fee shifting is specifically authorized by law or by the New Era Rules, the Parties shall bear their own attorneys’ fees and costs in arbitration unless the arbitrator finds that either the substance of the Dispute or the relief sought in the Demand was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)). However, for Disputes between guest(s) and host(s) where Outdoorsy is not a party and the amount in dispute is under $25,000, Outdoorsy will pay all filing, administration, and arbitrator fees associated with the arbitration. 

 

Severability 

Except as provided in the below section “Prohibition of class and representative actions and non-individualized relief,” if an arbitrator or court decides that any part of the Agreement to Arbitrate is invalid or unenforceable, then such specific part or parts shall be of no force and effect and shall be severed, and all other parts of the Agreement to Arbitrate shall continue in full force and effect. If any of the provisions in the section “Prohibition of class and representative actions and non-individualized relief” are found under law to be invalid or unenforceable, then the entirety of the Agreement to Arbitrate shall be null and void. Additionally, if the section “Batch Arbitration” is found under the law to be invalid or unenforceable then, in that case, the entire Agreement to Arbitrate shall be void, and the Parties agree that all Disputes will be heard in the state or federal courts located in Austin, Texas.  However, in such cases, the remainder of the Agreement and these Terms, will continue to apply.

 

Right to opt-out of arbitration; Procedure 

YOU HAVE THE RIGHT TO OPT-OUT OF THE AGREEMENT TO ARBITRATE BY EMAILING US WRITTEN NOTICE OF YOUR DECISION TO OPT-OUT TO ARBITRATIONOPTOUT@OUTDOORSY.COM (“OPT-OUT NOTICE”), WITHIN THIRTY (30) DAYS AFTER FIRST BECOMING SUBJECT TO THIS ARBITRATION AGREEMENT. After the first time you accept this Agreement, if you do not timely validly opt out then, you will not have the ability to subsequently opt out of this Agreement to Arbitrate, even if you accept the Agreement again in the future. To be valid, your Opt-Out Notice must include your full name, address (including street address, city, state, and zip/postal code), email address(es) associated with your Outdoorsy Account, and an unequivocal statement that you want to opt out of this Agreement to arbitrationoptout@Outdoorsy.com. Any Opt-Out Notice will be effective only if you send it yourself, on an individual basis, and opt out notices from any third-party purporting to act on your behalf will have no effect on your or Outdoorsy’s rights. This procedure is the only way you can opt-out of the Agreement to Arbitrate. If you opt-out of the Agreement to Arbitrate, all other provisions of the Agreement and the Terms will continue to apply to you, including the below forum selection clause specifying Austin, Texas. Opting out of this Agreement has no effect on any arbitration agreements that you may currently have with us, including any previous versions of this Agreement to Arbitrate to which you agreed and did not timely opt out, which will remain in effect, and has no effect on any arbitration agreements with us you may enter in the future.

 

Future amendments to the Agreement to Arbitrate 

Notwithstanding any provision in the Terms to the contrary, the Parties agree that if Outdoorsy makes any amendment to the Agreement to Arbitrate in the future, it will notify you, and that amendment shall not apply to any claim that you filed against Outdoorsy prior to the effective date of the amendment. The amendment shall apply to all other Disputes governed by the Agreement to Arbitrate that have arisen or may arise between the Parties. Any such changes will be posted at https://support.outdoorsy.com/hc/en-us/articles/37422344026779-Outdoorsy-Terms-of-Service and you should check for updates regularly. Your continued use of the Outdoorsy website, app and/or Services, including but not limited to accessing, browsing, or otherwise using the website, blog, app, and/or Services or accepting products or Services offered through the website or app, following the posting of changes to this Arbitration Agreement, constitutes your acceptance of any such changes. If you have previously agreed to a version of the Terms with an agreement to arbitrate and you did not validly opt out of arbitration then, changes to this Agreement to Arbitrate do not provide you with a new opportunity to opt out of your previous agreement to arbitrate. Outdoorsy will continue to honor any valid opt outs of the agreement to arbitrate that you made to a prior version of the Terms.

 

Judicial forum for legal disputes with Outdoorsy not subject to arbitration and choice of law 

Unless you and Outdoorsy agree otherwise, in the event that the Agreement to Arbitrate is found not to apply to you or to a particular claim, request for relief, or dispute involving Outdoorsy, whether: (1) as a result of your decision to opt out of the Agreement to Arbitrate, (2) as a result of a decision by the arbitrator or a court order, or (3) if one of the above exceptions to the Agreement to Arbitrate applies, you agree that any claim or dispute that has arisen or may arise between you and Outdoorsy will be resolved exclusively by a state, federal, or small claims court located in Austin, Texas. You agree to submit to the personal jurisdiction of a state court located in Travis County, Austin, Texas or a United States District Court for the District of Texas located in Austin, Texas. The Parties agree that the substantive law of the state of Texas will apply to any claim or dispute without regard to conflict of law provisions.

 

Prohibition of class and representative actions and non-individualized relief 

THE PARTIES AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, WHETHER IN COURT OR ARBITRATION, AND THE PARTIES HEREBY WAIVE ALL RIGHTS TO HAVE ANY DISPUTE BE BROUGHT, HEARD, ADMINISTERED, RESOLVED, OR ARBITRATED ON A CLASS, COLLECTIVE, OR REPRESENTATIVE BASIS. ONLY INDIVIDUAL RELIEF IS AVAILABLE. SUBJECT TO THIS AGREEMENT TO ARBITRATE, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S). Nothing in this paragraph is intended to, nor shall it, affect the terms and conditions under the subsection entitled “Batch Arbitration.” Notwithstanding anything to the contrary in this Agreement to Arbitrate, if a final decision, not subject to any further appeal or recourse, determines that the limitations of this subsection, “Prohibition of class and representative actions and non-individualized relief,” are invalid or unenforceable as to a particular claim or request for relief (such as a request for public injunctive relief), you and Outdoorsy agree that that particular claim or request for relief (and only that particular claim or request for relief) shall be severed from the arbitration and may be litigated in the state or federal courts located in Austin, Texas. The Parties agree that any claims or requests for relief that are severed from an arbitration may not proceed in litigation and shall be stayed until all claims between the Parties that remain in arbitration are finally resolved.  All other Disputes shall be arbitrated or litigated in small claims court. This subsection does not prevent you or Outdoorsy from participating in a class-wide or mass settlement of claims.

 

Canada 

PLEASE READ THIS SECTION CAREFULLY. IT CONTAINS A MANDATORY ARBITRATION PROVISION AND THEREFORE AFFECTS YOUR RIGHTS AND GOVERNS HOW CLAIMS PRESENTED ON THE OUTDOORSY PLATFORM ARE RESOLVED.

 

Resolution of disputes 

If a dispute arises between Outdoorsy, a guest, or a host, and you are a resident of Canada, our goal is to provide you with a neutral and cost-effective means of resolving the dispute quickly. We strongly encourage you to first contact us. We will consider reasonable requests to resolve the dispute through more informal means. If we are unable to resolve the dispute in such manner, the Parties agree that we will resolve any claim or controversy at law or equity that arises out of the Agreement or the Services in accordance with the “arbitration option” described below or as the Parties otherwise agree in writing.

 

Arbitration Option 

For any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than CAD$15,000, the Party requesting relief may seek to resolve the dispute in a cost-effective manner through binding non-appearance-based arbitration. In the event that a Party elects for arbitration and the other Party agrees to such arbitration, such arbitration shall be initiated through New Era ADR or another established alternative dispute resolution (“ADR”) provider mutually agreed upon by the Parties. The ADR provider and the Parties must comply with the following rules: (1) the arbitration shall be conducted by phone, videoconference, and/or be solely based on written submissions, the specific manner shall be chosen by the Party initiating the arbitration, (2) the arbitration shall not involve any personal appearance by the Parties or witnesses unless otherwise mutually agreed by the Parties, and (3) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

 

Law and forum for disputes 

The laws of the Province of Ontario and the applicable federal laws of Canada shall govern the Agreement and any dispute or claim you have against Outdoorsy, a guest, or a host, in all respects unless you are a resident of Quebec. All residents of Canada, other than residents of Quebec, agree that any claim or dispute you may have against Outdoorsy, a guest, or a host, must be resolved by a court located in Toronto, Ontario, except as otherwise agreed by the Parties or as described in the “arbitration option” paragraph above. You agree to submit to the personal jurisdiction of the courts located within the Province of Ontario for the purpose of litigating all such claims or disputes unless you are a resident of Quebec.

 

Dispute resolution for participating parties residing outside the United States or Canada

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND WILL HAVE A SUBSTANTIAL IMPACT ON HOW CLAIMS PRESENTED ON THE OUTDOORSY PLATFORM ARE RESOLVED.

Regardless of where you reside, if you bring an action against Outdoorsy, a guest, or a host in the United States, the section above entitled “Dispute resolution for participating parties residing in the United States” will govern that dispute.

 

Resolution of disputes 

If a dispute arises between the Parties, our goal is to provide you with a neutral and cost-effective means of resolving the dispute quickly. We encourage you to contact us directly to seek a resolution via the Services or at legal@outdoorsy.com. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation. For resolving disputes related to trips originating in the United Kingdom, you can learn more here.

 

Governing law and forum for disputes 

The laws of the United States and the State of Texas shall govern the Terms and any dispute or claim you have against Outdoorsy, a guest, or a host in all respects if you reside anywhere other than the United States or Canada. You and Outdoorsy both agree to submit to the non-exclusive jurisdiction of the United States courts.

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