MOTOR VEHICLE LEASE AGREEMENT
28. ARBITRATION. The parties agree that any unresolved Disputes (as defined in Section 59 on
the reverse side of this Lease) shall be submitted to arbitration in accordance with the terms of
Section 59. By initialing this Section, you are confirming that you have read and understand
this Section 28 and Section 59 and that you agree to the terms of these arbitration Sections.
Lessee (and Co-Lessee) initials. ______________________
59. PLEASE REVIEW - IMPORTANT - AFFECTS YOUR LEGAL RIGHTS.
EITHER YOU OR WE (LESSOR or ASSIGNEE) MAY CHOOSE TO HAVE ANY DISPUTE BETWEEN
US DECIDED BY ARBITRATION AND NOT IN COURT OR BY JURY TRIAL.
IF A DISPUTE IS ARBITRATED, YOU WILL GIVE UP YOUR RIGHT TO PARTICIPATE AS A CLASS
REPRESENTATIVE OR CLASS MEMBER ON ANY CLASS CLAIM YOU MAY HAVE AGAINST US
INCLUDING ANY RIGHT TO CLASS ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL
DISCOVERY AND RIGHTS TO APPEAL IN ARBITRATION ARE GENERALLY MORE LIMITED
THAN IN A LAWSUIT, AND OTHER RIGHTS THAT YOU AND WE WOULD HAVE IN COURT MAY
NOT BE AVAILABLE IN ARBITRATION.
Any claim or dispute, whether in contract, tort, statute or otherwise (including the interpretation and scope
of this Arbitration Clause, and the arbitrability of the claim or dispute), between you and us or our
employees, agents, successors or assigns, which arises out of or relates to your credit application, lease
or condition of this vehicle, this contract or any resulting transaction or relationship (including any such
relationship with third parties who do not sign this contract) shall, at your or our election, be resolved by
neutral, binding arbitration and not by a court action. If federal law provides that a claim or dispute is not
subject to binding arbitration, this Arbitration Clause shall not apply to such claim or dispute. Any claim or
dispute is to be arbitrated by a single arbitrator on an individual basis and not as a class action. You
and we expressly waive any right that either of us may have to arbitrate a class action. You may choose
one of the following arbitration organizations and its applicable rules: the American Arbitration
Association, 1633 Broadway, Floor 10, New York, NY 10019 ( org), or JAMS, 1920 Main Street,
Suite 300, Irvine, CA 92614 ( ), or any other organization that you may choose subject to
our approval. You may get a copy of the rules of these organizations by contacting the arbitration
organization or visiting its website.
Arbitrators shall be attorneys or retired judges and shall be selected pursuant to the applicable rules.
The arbitrator shall apply governing substantive law in making an award. The arbitration hearing shall be
conducted in the federal district in which you reside unless the Lessor is a party to the claim or dispute,
in which case the hearing will be held in the federal district where this contract was executed. We will
advance your filing, administration, service or case management fee and your arbitrator or hearing fee
all up to a maximum of $5000, which may be reimbursed by decision of the arbitrator at the arbitrator’s
discretion. Each party shall be responsible for its own attorney, expert and other fees, unless awarded
by the arbitrator under applicable law. If the chosen arbitration organization’s rules conflict with this
Arbitration Clause, then the provisions of this Arbitration Clause shall control. The arbitrator’s award shall
be final and binding on all parties, except that in the event the arbitrator’s award for a party is $0 or against a
party is in excess of $100,000, or includes an award of injunctive relief against a party, that party may
request a new arbitration under the rules of the arbitration organization by a three-arbitrator panel. The
appealing party requesting new arbitration shall be responsible for the filing fee and other arbitration costs
Lease-AL, GA, NC, SC__WOFCO Form #3310 (12-2013)