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5/9/23, 10:20 AM
Peloton® | Peloton Terms of Service
https://www.onepeloton.com/terms-of-service
18/25
If NAM fails or declines to conduct the arbitration for any reason, we will mutually select
a different arbitration administrator. If we cannot agree, a court will appoint the arbitration
administrator.
Any arbitration hearing will take place in or nearest to the county or municipality where
you live, unless you and Peloton agree to a different location or to a virtual hearing.
The arbitrator shall have exclusive authority to decide all issues relating to the
interpretation, applicability, enforceability and scope of this arbitration agreement, except
that only a court of competent jurisdiction as set forth in Section 21 of these Terms (and
not an arbitrator) shall have the exclusive authority to resolve any claim that all or part of
the Class Action Waiver set forth in these Terms or the Mass Filing procedures set forth
in Section 20.5 below are unenforceable, unconscionable, void, or voidable.
5. Mass Filing Procedures. YOU AND PELOTON AGREE THAT, TO THE FULLEST EXTENT
PERMITTED BY LAW, EACH OF US IS WAIVING THE RIGHT TO BRING OR PARTICIPATE
IN A MASS ARBITRATION. Peloton’s receipt of one or more Notice(s) of substantially
similar claims brought by or on behalf of 25 or more claimants (including you) within a
60-day period (“Mass Filing”) shall be subject to the additional procedures set forth
below. Claims included in a Mass Filing, if not resolved during the Informal Dispute
Resolution Period, may proceed only in accordance with the procedures set out below,
and subject to the NAM Mass Filing Supplemental Dispute Resolution Rules and
Procedures (“NAM Mass Filing Rules”, available at
https://www.namadr.com/resources/rules-fees-forms/”) to the extent not contrary to
these Terms. If a court determines that this Section 20.5 is not enforceable as to your
claim, then your claim may only proceed individually in court consistent with these
Terms.
1. Batching: You and Peloton agree that your and other individuals’ claims deemed by
Peloton a Mass Filing may be led with NAM in batches of no greater than 50
individuals’ claims at one time, with 25 claims (or half of the total number of claims
in a batch, if less than 50) selected by counsel for you and other claimants and 25
claims (or half of the total number of claims in a batch, if less than 50) selected by
Peloton. After your claim is batched and permitted to be led as a Demand, you and
Peloton agree that selection and appointment of an arbitrator for your Demand
shall be governed by the NAM Mass Filing Rules.
2. First (Bellwether) Batch: The rst batch of up to 50 Demands are the Bellwether
Arbitrations. If your claim is included in the Bellwether Arbitrations, you and Peloton
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