In the last year, two prominent personal injury law cases have gained national attention: the cases of Jeffrey Piccolo against Disney, and a couple named John and Georgia McGinty against Uber. Both sound fairly straightforward on the surface: Piccolo sought a wrongful death claim for $50,000 against Walt Disney Parks & Resorts because his wife suffered an allergic reaction and died after eating food at Epcot Center in Florida; the McGintys were riding in an Uber in New Jersey and suffered life-altering injuries when their Uber driver crashed into another car.
However, Piccolo and the McGintys were blind-sided by something that is becoming increasingly common for Americans: what are becoming known as “gotcha causes,” or “fine-print traps” or “hidden disclaimers.” These waivers limit the rights of injury victims to sue the responsible parties, and while they’ve existed in some form for decades for businesses like amusement parks, gyms and equipment rental businesses like ski or bike shops, the massive growth of e-commerce, ridesharing and homesharing platforms, and even streaming apps have led to an explosion in “click-to-agree” agreements.
In the prominent Disney and Uber cases, momentary conveniences of signing up for a Disney+ streaming trial, or the McGintys’ minor daughter clicking “Agree” to the Terms and Services of Uber in 2022 constituted a waiver of the right to pursue their claims in a judicial forum, and forcing the involved parties to move to arbitration, which in some situations could be seen as more favorable to corporations than a jury trial.
It’s no secret that the vast majority of people scroll right past “click-to-agree” prompts, and miss many of the clauses and waivers that could later be used to limit their rights to recover damages after a car crash, premises liability injury, a wrongful death, and more. Additionally, as many traditional services like taxis, home deliveries, and hotel rentals move into a “sharing economy” model where causality and liabilities are shifted from corporations to part-time contractors, there is more gray area for establishing who has a duty to the customer and worker to provide a safe service or environment. Even streaming platforms, where 99% of your activity with them will be on your own devices in the comfort of your home, may use these clauses in case of an injury that occurs at an in-person “activation” or special promotional event.
Before we get to our list of companies that may have “gotcha clauses,” we wanted to share what New York personal injury victims and their families can do after an Uber or Lyft ridesharing car crash. Some things to remember include:
- New York is a “no-fault” state, meaning that regardless of fault or “gotcha clauses,” no-fault insurance will cover up to $50,000 in damages to pay for your lost wages and medical bills.
- In New York, drivers on a ride-sharing trip must provide a minimum of $1,000,000 in coverage
- However, ride-sharing companies may still try to force a move to arbitration proceedings instead of a court trial
- If you’ve been injured in a situation with a ridesharing or “sharing” app, seek immediate medical attention and obtain documentation of your injuries, gather evidence like photos or witness information if possible, and then consult with a personal injury lawyer to evaluate your options, whether they involve arbitration or a jury trial, for collecting the maximum possible compensation. We have offices in Kingston, NY, Poughkeepsie, NY, and New Windsor, NY; call 845-600-0000 today to schedule a free personal injury consultation.
With all of that said, let’s get to a non-exhaustive list of companies that may have waivers or other clauses in their terms of service to be aware of, with all quotes and links being current as of January 3, 2025.
1. Uber/Uber Eats
Uber’s indemnity reads: “You agree to indemnify and hold Uber and its affiliates and their officers, directors, employees, and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys’ fees), arising out of or in connection with: (i) your use of the Services or services or goods obtained through your use of the Services; (ii) your breach or violation of any of these Terms; (iii) Uber’s use of your User Content; or (iv) your violation of the rights of any third party, including Third Party Providers.”
2. Lyft
Lyft’s terms of service say: “Agreement to Binding Arbitration Between You and Lyft.
YOU AND LYFT MUTUALLY AGREE TO WAIVE OUR RESPECTIVE RIGHTS TO RESOLUTION OF DISPUTES IN A COURT OF LAW BY A JUDGE OR JURY AND AGREE TO RESOLVE ANY DISPUTE BY ARBITRATION, as set forth below.”
3. Doordash
Doordash’s terms of service for their technology platform read: Indemnification by DoorDash. DoorDash shall indemnify, defend, and hold harmless Middleware Provider and each of its subsidiaries and affiliates, and each of their respective past or present officers, directors, agents, servants, employees, stockholders, predecessors, successors or assigns against all losses, damages, claims, liabilities, and expenses (including reasonable legal fees) (“Losses”) incurred by Middleware Provider arising out of any third-party claim(s) that result from or relate to: (a) any grossly negligent, willful, or fraudulent acts or omissions of DoorDash (including any grossly negligent, willful, or fraudulent acts or omissions of DoorDash’s employees, contractors, or representatives hereunder); (b) DoorDash’s breach of any representations or warranties under this Agreement; and (c) allegations that the use of the DoorDash Platform or Delivery API infringes, violates, or misappropriates any United States patent, trademark, or copyright of a third party.
4. Grubhub
Grubhub says: You agree to indemnify and hold harmless Grubhub and its officers, directors, employees, agents, and affiliates (each, an “Indemnified Party”) from and against any losses, liabilities, claims, actions, costs, damages, penalties, fines and expenses, including without limitation attorneys’ and experts’ fees and expenses, that may be incurred by an Indemnified Party arising out of or in connection with: (i) Grubhub’s use of your User Content; (ii) your unauthorized use of the Services, (iii) your breach of this Agreement; (iv) your actual or alleged violation of any law, rule or regulation; (v) any third party’s access or use of the Services using your Grubhub Account; or (vi) any dispute or issue between you and any third party, including without limitation any Delivery Partner or Merchant.
5. Airbnb
Airbnb’s policy says: “You and Airbnb each agree that the following causes of action and/or claims for relief are exceptions to the Arbitration Agreement and will be brought in a judicial proceeding in a court of competent jurisdiction (as defined by Section 22): (i) any claim or cause of action alleging actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights; (ii) any claim or cause of action seeking emergency injunctive relief based on exigent circumstances (e.g., imminent danger or commission of a crime, hacking, cyber-attack); or (iii) a request for the remedy of public injunctive relief; (iv) any claim or cause of action for vexatious litigation; or (v) any individual claim of sexual assault or sexual harassment arising from your use of the Airbnb Platform or Host Services.”
6. Vrbo (Homeaway)
Vrbo’s policy says as follows: “It requires that any and all claims be resolved by binding arbitration or in small claims court, and it prevents you from pursuing a class action or similar proceeding in any forum.
Arbitration is required if your country of residence enforces arbitration agreements, including without limitation, the United States.”
7. Disney+
Disney’s infamous policy reads: ANY DISPUTE BETWEEN YOU AND US, EXCEPT FOR SMALL CLAIMS, IS SUBJECT TO A CLASS ACTION WAIVER AND MUST BE RESOLVED BY INDIVIDUAL BINDING ARBITRATION. PLEASE READ THIS AGREEMENT IN ITS ENTIRETY, INCLUDING THE ARBITRATION PROVISION BELOW
8. Roku
Roku’s terms say: “C. Required Informal Dispute Resolution. Except for IP Claims (defined in Section 1(D)) and Claims requiring a temporary restraining order, if either of us has a Claim against the other, both of us must first attempt to resolve the Claim informally before the Claim may be brought in arbitration. You and Roku will make a good-faith effort to negotiate for 45 days towards the resolution of any Claim, or for a longer period as mutually agreed in writing by you and Roku, (“Informal Resolution Period”) from the day you or Roku receive a written notice of a Claim from the other party (a “Claimant Notice”) meeting the requirements described below.”
9. Hulu
According to Hulu: “You, on the one hand, and Hulu, on the other hand, agree to resolve, by binding individual arbitration, all Disputes (including any related disputes involving The Walt Disney Company or its affiliates) except for: (i) any claim within the jurisdiction of a small claims court consistent with the jurisdictional and dollar limits that may apply, as long as it is an individual dispute and not a class action; and (ii) any dispute relating to the ownership or enforcement of intellectual property rights.”
10. Ebay
Ebay says: “You and eBay each agree that any and all disputes or claims that have arisen, or may arise, between you and eBay (or any related third parties) that relate in any way to or arise out of this or previous versions of the User Agreement, your use of or access to our Services, the actions of eBay or its agents, or any products or services sold, offered, or purchased through our Services shall be resolved exclusively through final and binding arbitration, rather than in court, subject to any exemptions listed in this section.”
11. Stubhub
Stubhub’s terms say: “If you reside in the United States or Canada, You and us each agree, except where prohibited by law, that any and all disputes or claims that have arisen or may arise between you and us relating in any way to or arising out of this or previous versions of the User Agreement (including this Agreement to Arbitrate, as the term is defined below) or the breach or validity thereof, your use of or access to the Site or Services, or any tickets or related passes sold or purchased through the Site or Services shall be resolved exclusively through final and binding arbitration administered by the American Arbitration Association (“AAA”) in accordance with its Consumer Arbitration Rules (“Rules”), rather than in court, except that you may assert claims in small claims court, if your claims qualify and so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis (together with subsections 22(A)-(F), the “Agreement to Arbitrate”). This Agreement to Arbitrate is intended to be broadly interpreted. The Federal Arbitration Act governs the interpretation and enforcement of this Agreement to Arbitrate.”
12. Apple
Apple says: “Arbitration of Claims. You and Apple Payments mutually agree that any dispute, claim, or controversy (whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory) arising out of or relating to these Direct Payments Terms or the breach, termination, enforcement, interpretation, or validity thereof, including the determination of the scope or applicability of this agreement to arbitration, or to the use of the Direct Payments Service (hereinafter “Claim” or “Claims”) shall be settled by binding arbitration before a single arbitrator.”
13. Google
Google’s terms say: “It’s in both of our interests to resolve disputes in the quickest and most cost-effective way. If any dispute arises that relates to these Arbitration Terms or your device(s), related accessories or related subscription services for your Google device (if applicable) (“Google Device”) (regardless of the type of dispute, but subject to a few exceptions below), you and Google LLC (“Google”) agree to resolve it through binding arbitration. Arbitration is less formal than a lawsuit in court and uses a neutral arbitrator instead of a judge or jury, but arbitrators can award the same damages and remedies that a court can award. These Arbitration Terms are subject to and governed by the Federal Arbitration Act (“FAA”) and are intended to be broadly interpreted.”
14. Lime Bike Sharing
Lime says: “We each mutually agree to resolve any justiciable disputes between us exclusively through final and binding arbitration instead of filing a lawsuit in court. This arbitration provision is governed by the Federal Arbitration Act (9 U.S.C. §§ 1-16) (“FAA”) and will apply to any and all claims arising out of or relating to your access or use of the Services, any communications, advertising or marketing by or regarding us or the Services, any products or services sold or distributed through the Services that you received as a consumer of our Services, any aspect of your relationship or transactions with us, any of our actual or alleged intellectual property rights, and all other aspects of your relationship with us, past, present or future, whether arising under federal, state or local statutory and/or common law (collectively, the “Dispute”).”
15. Bird Bike Sharing
Bird’s terms read: “If the parties do not reach an agreed upon solution through the support process, then either party may initiate binding arbitration as the sole means to resolve claims, subject to the terms set forth below. Specifically, all claims arising out of or relating to these Terms of Service, and the parties’ relationship with each other shall be finally settled by binding arbitration administered by a mutually agreed upon arbitrator or arbitration service.”
16. Citi Bike
Citi Bike’s terms read: “YOU ARE SOLELY AND FULLY RESPONSIBLE FOR THE SAFE OPERATION OF THE BICYCLE AT ALL TIMES. YOU UNDERSTAND THAT THIS AND OTHER SECTIONS IN THIS RELEASE AND THE RENTAL AGREEMENT DESCRIBE AND RELATE TO THE RISKS RELATING TO YOUR USE OF THE SERVICES. YOU AFFIRM THAT YOU HAVE READ, UNDERSTAND, AND ACCEPT THE ENTIRE RELEASE AND THE RENTAL AGREEMENT. YOU AGREE THAT BICYCLES ARE MACHINES THAT MAY MALFUNCTION, EVEN IF THE BICYCLE IS PROPERLY MAINTAINED, AND THAT SUCH MALFUNCTION MAY CAUSE INJURY. YOU FURTHER AGREE THAT, BEFORE ANY USE OF THE SERVICES, YOU WILL PERFORM THE SAFETY INSPECTION DESCRIBED IN THE RENTAL AGREEMENT, AND YOU WILL NOT USE A BICYCLE THAT FAILS THE SAFETY INSPECTION AND WILL NOTIFY NYCBS OR JCBS, AS APPLICABLE, OF SUCH FAILURE. YOU AGREE THAT RIDING A BICYCLE INVOLVES MANY INHERENT, OBVIOUS AND NOT-SO-OBVIOUS RISKS, DANGERS, AND HAZARDS, WHICH MAY RESULT IN INJURY OR DEATH TO YOURSELF OR OTHERS, AS WELL AS DAMAGE TO PROPERTY, AND THAT SUCH RISKS, DANGERS, AND HAZARDS CANNOT ALWAYS BE PREDICTED OR AVOIDED.”
17. Spin Scooter Sharing
Spin terms read: “Pre-Arbitration Dispute Resolution: For any and all disputes, claims, or controversies You may have against Spin arising out of, relating to, or in respect of these Terms, including their negotiation, validity, existence, breach, termination, construction or application, or the rights, duties or obligations of any Party, or the rights, duties or obligations of any Party derived from or associated with these Terms (“Disputes”), whether pursued in court or arbitration, You must first give Us an opportunity to resolve the Dispute informally by contacting Us at [email protected] with the following information: (1) your name, (2) your address, (3) a written description of your claim, and (4) a description of the specific relief You seek. If We do not resolve the Dispute within forty-five (45) days after receiving your notification, then You may pursue resolution of the Dispute in arbitration. You may pursue your Dispute in a court only under the circumstances described below.”
18. Pokemon Go
Niantic, Pokemon Go’s parent company says: “If you live in the US or another jurisdiction which allows you to agree to arbitration, you and Niantic agree that any disagreement, controversy, or claim arising out of or relating in any way to your access to or use of the Services or of the Sites, any products sold or distributed through the Sites, the Services, or the Terms and prior versions of the Terms (each, a “Dispute”) will be settled by binding arbitration, except that each party retains the right: (a) to bring an individual action in small claims court and (b) to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights (the action described in this clause (b), an “IP Protection Action“).”
19. Taskrabbit
Taskrabbit’s terms and conditions read as: “IN EXCHANGE FOR THE BENEFITS OF THE SPEEDY, ECONOMICAL, AND IMPARTIAL DISPUTE RESOLUTION PROCEDURE OF ARBITRATION, YOU AND TASKRABBIT MUTUALLY AGREE TO WAIVE YOUR RESPECTIVE RIGHTS TO RESOLUTION OF ALL DISPUTES OR CLAIMS COVERED BY THIS ARBITRATION AGREEMENT IN A COURT OF LAW BY A JUDGE OR JURY AND AGREE TO RESOLVE ANY DISPUTES BY BINDING ARBITRATION ON AN INDIVIDUAL BASIS AS SET FORTH HEREIN.”
20. Thumbtack
Thumback’s terms refer to: “Binding Arbitration: If the parties do not reach an agreed-upon solution within a period of thirty (30) days from the time informal dispute resolution is initiated under the Initial Dispute Resolution provision above, then either party may initiate binding arbitration as the sole means to resolve claims, subject to the terms set forth below. Specifically, all claims arising out of or relating to these Terms or previous versions of these Terms (including the Terms’ or Privacy Policy’s formation, performance, and breach), the parties’ relationship with each other, and/or your use of the Platform will be finally settled by binding arbitration, as described below.”
21. Turo
Turo’s terms and conditions read: Pre-arbitration dispute resolution. Should a dispute or claim arise between us, you and Turo agree to notify the other Party of the nature of the dispute or claim prior to initiating arbitration, and the Parties will attempt to negotiate an informal resolution to it first. We will contact you at the email address you have provided to us; you can contact us by email at [email protected]. Please provide your name, phone number, email, mailing address, and briefly describe both the nature of your dispute and the relief you would like from Turo. If the Parties are unable to resolve the claims described in the notice within 30 days after the notice is sent, then the Party intending to pursue arbitration agrees to notify the other Party via email prior to initiating the arbitration. In order to initiate arbitration, a claim must be filed with either FairClaims or the American Arbitration Association (“AAA”) as set forth below, pursuant to the FairClaims Rules or AAA’s Consumer Arbitration Rules, as appropriate. A form for initiating arbitration proceedings is available on the FairClaims website or AAA’s website. (AAA provides a Demand for Arbitration form.) Any settlement offer made by you or Turo shall not be disclosed to the arbitrator.
22. Zipcar
According to Zipcar’s membership contract: “Except as otherwise provided in section 10.8 of this dispute resolution provision, in the event of a dispute that cannot be resolved informally through the pre-dispute resolution procedure, you and the Zipcar Parties agree to arbitrate all disputes and claims arising under or relating to any these Terms, Zipcar’s vehicles, Zipcar’s services, or any other transaction involving you and Zipcar, whether in contract, warranty, misrepresentation, fraud, tort, intentional tort, statute, regulation, ordinance, or any other legal or equitable basis. The interpretation and scope of this provision, and the arbitrability of the dispute or claim, are for the arbitrator to decide.”
23. PayPal
PayPal’s user agreement reads: “You and PayPal agree that any claim or dispute at law or equity that has arisen or may arise between you and us will be resolved in accordance with the Agreement to Arbitrate provisions set forth below. Please read this information carefully. Among other things it:
Affects your and our rights and will impact how claims between you and us are resolved, including your and our agreement to waive the right to trial by jury.”
24. Venmo
Venmo has the same verbiage as PayPal: “You and PayPal agree that any claim or dispute at law or equity that has arisen or may arise between you and us (including claims or disputes that arise out of or relate to the Venmo services or your Venmo account, including any linked Teen Account) will be resolved in accordance with the Agreement to Arbitrate provisions set forth below. Please read this information carefully. Among other things it:
Affects your and our rights and will impact how claims between you and us are resolved, including your and our agreement to waive the right to trial by jury.”
25. Cash App
According to Cash App: “You and the Company agree that any and all Disputes, except those that are resolved informally or brought in a small claims court, will be individually arbitrated by a neutral arbitrator who has the power to award the same individual damages and individual relief that a court can.”
26. FabfitFun
According to the monthly subscription service FabfitFun: YOU AND FABFITFUN MUTUALLY AGREE TO WAIVE OUR RESPECTIVE RIGHTS TO RESOLUTION OF DISPUTES IN A COURT OF LAW BY A JUDGE OR JURY AND AGREE TO RESOLVE ANY CLAIM OR DISPUTE AGAINST EACH OTHER ON AN INDIVIDUAL BASIS IN ARBITRATION, EXCEPT AS EXPRESSLY OTHERWISE PROVIDED IN THIS SECTION 14 (“ARBITRATION AGREEMENT”). This will prohibit you and FabFitFun from bringing any class, collective, consolidated, or representative proceeding against each other, and will also prohibit you and FabFitFun from participating in or recovering relief under any current or future such actions brought by someone else. Arbitration is more informal than a lawsuit in court: there is no judge or jury in arbitration; discovery in arbitration may be more limited than discovery in litigation; and court review of an arbitration award is limited.
27. BarkBox
According to BarkBox: “All disputes arising out of or relating to these Terms of Service shall be finally resolved by arbitration conducted in the English language in New York, NY, U.S.A. under the commercial arbitration rules of the American Arbitration Association. The parties shall appoint as sole arbitrator a retired judge who presided in the State of New York. The parties shall bear equally the cost of the arbitration (except that the prevailing party shall be entitled to an award of reasonable attorneys’ fees incurred in connection with the arbitration in such an amount as may be determined by the arbitrator).”
28. Spotify
According to Spotify: “Subject to the exceptions set forth in the “Exceptions to arbitration” section below, you and Spotify agree that any Dispute between you and Spotify (whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and whether the claims arise during or after the termination of these Terms) will be determined by binding individual (not class) arbitration.”
29. Tinder
According to Tinder: “Arbitration. Our Agreement contains a mandatory arbitration clause. You agree that any disputes will be settled by arbitration, and you waive your right to a trial by jury or to participate in a class action. This does not apply to users residing in the European Economic Area or the United Kingdom or elsewhere where prohibited by law.”
30. Bumble
Bumble’s terms say: “When Does This Arbitration Agreement Apply? This Arbitration Agreement applies to any disputes or claims of any kind whatsoever (whether based in contract, tort, statute, regulation, ordinance, fraud, misrepresentation or any other legal or equitable theory) between you and the Bumble Group arising out of or relating to the Terms, prior versions of the Terms, your use of our App, or any other aspect of your relationship with Bumble, including claims or disputes arising (but not actually filed in arbitration) before the effective date of these Terms.”
31. Facebook/Instagram (Meta)
According to Facebook & Instagram’s parent company Meta: “Except as provided below, you and we agree that any cause of action, legal claim, or dispute between you and us arising out of or related to these Terms or Instagram (“claim(s)”) must be resolved by arbitration on an individual basis. Class actions and class arbitrations are not permitted; you and we may bring a claim only on your own behalf and cannot seek relief that would affect other Instagram users. If there is a final judicial determination that any particular claim (or a request for particular relief) cannot be arbitrated in accordance with this provision’s limitations, then only that claim (or only that request for relief) may be brought in court. All other claims (or requests for relief) remain subject to this provision.”
32. Snapchat
According to Snapchat: “Applicability of Arbitration Agreement. In this Section 19 (the “Arbitration Agreement”), you and Snap agree that all claims and disputes (whether contract, tort, or otherwise), including all statutory claims and disputes, arising out of or relating to these Terms or the use of the Services or any communications between you and Snap that are not brought in small claims court will be resolved by binding arbitration on an individual basis, except that you and Snap are not required to arbitrate any: (i) disputes or claims within the jurisdiction of a small claims court consistent with the jurisdictional and dollar limits that may apply, as long as it is an individual dispute and not a class action, (ii) disputes or claims where the only relief sought is injunctive relief, and (iii) disputes in which either party seeks equitable relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, patents or other intellectual property rights.”
33. Dropbox
Dropbox’s terms read: “NO CLASS ACTIONS. Customer may only resolve disputes with Dropbox on an individual basis and will not bring a claim in a class, consolidated or representative action. Class arbitrations, class actions, private attorney general actions and consolidation with other arbitrations are not allowed.”
34. Slack
Slack’s terms read: “Formal Resolution. Except as provided in Section 10.4, if we cannot resolve a Claim informally, any Claim either of us asserts will be resolved only by binding arbitration and not in courts of general jurisdiction. The arbitration will be conducted under the rules of JAMS that are in effect at the time the arbitration is initiated (referred to as the “JAMS Rules”) and under the rules set forth in this TOS. If there is a conflict between JAMS Rules and the rules set forth in this TOS, the rules set forth in this TOS will govern. ARBITRATION MEANS THAT YOU WAIVE YOUR RIGHT TO A JURY TRIAL. You may, in arbitration, seek any and all remedies otherwise available to you pursuant to your state’s law.”
35. Fitbit
According to Fitbit: “We Both Agree To Arbitrate: You and Fitbit agree to resolve any Disputes through final and binding arbitration, except as set forth under Exceptions to Agreement to Arbitrate below.”
36. Headspace
According to the meditation app Headspace: “PLEASE NOTE THAT THESE TERMS CONTAIN AN ARBITRATION CLAUSE (SECTION 14). EXCEPT FOR CERTAIN TYPES OF DISPUTES MENTIONED IN THE ARBITRATION CLAUSE, YOU AND HEADSPACE AGREE THAT DISPUTES RELATING TO THESE TERMS OR YOUR USE OF THE PRODUCTS AND SERVICES WILL BE RESOLVED BY MANDATORY BINDING ARBITRATION, AND YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS-ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.”
37. Angi
According to Angi’s terms and conditions: “Dispute is not resolved through Informal Negotiations, you and Angi agree to resolve any and all Disputes (except those Disputes expressly excluded below) through final and binding arbitration (“Arbitration Agreement”). This Arbitration Agreement shall be governed by the Federal Arbitration Act and evidences a transaction involving commerce.”