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Arbitration Clause In Online Order Form Valid Even Though Link To Terms Did Not Work

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Camp 1 Fitness entered into a contract with Club Automation through an online order form. The form had an URL link expressly incorporating American Arbitration Association rules including a rule that the arbitrator had power to rule on his/her own jurisdiction. However, clicking on the link in the order form did not go to the arbitration terms.


Camp 1 asserted that the arbitration clause was not part of the Order Form and therefore not part of an agreement between the parties because the hyperlink was broken.

The Court held that if Plaintiff was unable to click through on the link, it could easily have entered the link into an internet search bar to pull up the terms and conditions of arbitration.


(Addressing other issues, the Court also found the contract was not unconscionable and Defendant did not waive its right to compel arbitration).


Accordingly, the Court granted a Motion to Compel Arbitration. Camp 1 Truckee LLC v Daxko LLC, No. 2:21-cv-02064 (United States District Court, E.D. California.

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