Church's Texas Chicken®

PLEASE NOTE THAT SECTION 7 CONTAINS A BINDING INDIVIDUAL ARBITRATION AGREEMENT TO RESOLVE DISPUTES AND A CLASS ACTION WAIVER PROVISION. IN ARBITRATION THERE IS LESS DISCOVERY AND APPELLATE REVIEW THAN IN COURT. DETAILS ARE SET FORTH IN SECTION 7, BELOW. PLEASE REVIEW CAREFULLY.

1. What are Church’s Texas Chicken^® Mobile Alerts?

Church’s Texas Chicken^® Mobile Alerts are non-marketing and marketing text messages that contain information regarding local Church’s Texas Chicken^® operations. By enrolling in Church’s Texas Chicken^® Mobile Alerts you expressly consent to receive recurring autodialed marketing texts from or on behalf of Church’s Texas Chicken^® at the mobile number you’ve provided to opt-in. You understand that consent is not a condition of purchase. Message and data rates may apply. Message frequency will vary.

1. How do I sign up?

You can sign up for one or more Church’s Texas Chicken^® Mobile Alerts programs by texting the code found in any Church’s Texas Chicken^® advertisement or communication. After opting-in, you may receive one or more welcome messages or administrative messages, such as (in some cases) a request to confirm your opt-in.

1. What if I don’t want to receive any more messages

You may opt-out of these communications at any time. To stop receiving Church’s Texas Chicken^® Mobile Alerts, by texting STOP to any of the Church’s Texas Chicken^® Mobile Alerts you receive. You will receive a final message confirming your opt-out, and no further messages will be sent to your mobile phone unless you later choose to opt back in to the program.

1. How do I get more info?

For help call 866-372-5246 or email us at socialmedia@churchs.com. Msg & Data rates may apply. Text STOP to not receive anymore messages.

1. What are the Participating Carriers?

Check with your wireless carrier if you have questions regarding any data plan participation.

1. Privacy Policy

By signing up for Church’s Texas Chicken^® Mobile Alerts, you also accept and agree to be bound, the Church’s Texas Chicken^® Internet Site Terms of Use and Privacy Policy.

1. How are disputes resolved?

PLEASE READ THIS SECTION CAREFULLY. IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO MAINTAIN A COURT ACTION, THE RIGHT TO A JURY TRIAL, THE RIGHT TO PARTICIPATE IN ANY FORM OF CLASS, COLLECTIVE, OR REPRESENTATIVE CLAIM OR ACTION, THE RIGHT TO ENGAGE IN DISCOVERY, AND THE RIGHT TO CERTAIN REMEDIES AND RELIEF. OTHER RIGHTS THAT YOU OR CHURCH’S TEXAS CHICKEN^® WOULD HAVE IN COURT, SUCH AS APPELLATE REVIEW, ALSO MAY NOT BE AVAILABLE IN ARBITRATION. Any dispute or claim arising out of or relating in any way to Church’s Texas Chicken^® Mobile Alerts, including any dispute or claim as to the application, enforceability, scope, or interpretation of this agreement to arbitrate, shall be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to these Terms & Conditions.

There is no judge or jury in arbitration. However, an arbitrator can aware on an individual basis the same damages and relief as a court (including injunctive and declaratory relief, or statutory damages) and must follow these Terms and Conditions.

Mandatory, Binding Arbitration. YOU AND Church’s Texas Chicken^® AGREE TO RESOLVE ANY DISPUTE ARISING OUT OF, OR RELATING TO, THIS AGREEMENT OR Church’s Texas Chicken^® MOBILE ALERTS, EXCEPT FOR DISPUTES THAT QUALIFY FOR SMALL CLAIMS COURT, BY FINAL AND BINDING, BILATERAL ARBITRATION BEFORE A NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY, AND YOU AGREE THAT Church’s Texas Chicken^® AND YOU ARE EACH WAIVING THE RIGHT TO SUE IN COURT AND TO HAVE A TRIAL BY JURY. YOU AGREE THAT ANY ARBITRATION WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED AND YOU ARE AGREEING TO GIVE UP THE ABILITY TO PARTICIPATE IN A CLASS ACTION. This agreement to arbitrate is intended to be broadly interpreted, and expressly includes claims brought under the Telephone Consumer Protection Act, 47 U.S.C. § 227, or any other statute, regulation, or legal or equitable theory.

Arbitration Rules. Arbitration shall be administered by Judicial Arbitration and Mediation Services, Inc. (“JAMS”), pursuant to the most-current JAMS Streamlined Arbitration Rules and Procedures (“JAMS Streamlined Rules”) conducted by a single, neutral arbitrator, and consistent with JAMS Policy on Consumer Arbitrations Pursuant to Pre-Dispute Clauses Minimum Standards of Procedural Fairness (“JAMS Consumer Fairness Standards”). Arbitration shall take place by phone or video, unless an in-person hearing is requested by either party. In that case, the hearing shall take place in the county where you reside. To the extent this agreement to arbitrate conflicts with JAMS Consumer Fairness Standards, the JAMS Consumer Fairness Standards will apply in that regard.

Disputes may also be referred to another arbitration organization if you and Church’s Texas Chicken^® agree in writing, or to an arbitrator appointed pursuant to Section 5 of the Federal Arbitration Act.

Actions Conducted Only on Individual Basis. You and Church’s Texas Chicken^® each agree that any dispute resolution proceedings of any nature or in any forum will be conducted only on an individual basis and not in a class, consolidated or representative action. This means that you may not purport to act on behalf of a class or any other person. Likewise, an arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.

If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial, unless such waiver is unenforceable. This means that any claim would be decided by a judge, not a jury. We also both agree that you or we may bring suit in court to seek to enjoin infringement or other misuse of intellectual property rights.

The Arbitrator’s Decision. The arbitrator will conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances, unless the arbitrator determines upon request by you or by us that an in-person hearing is appropriate. Any in-person appearances will be held at a location in your hometown area. The arbitrator will issue a written decision that will follow the terms of these Terms and Conditions, will be final and binding, and will include the essential findings and conclusions upon which the arbitrator based the award. The arbitrator will have authority to award temporary, interim, or permanent injunctive relief or relief providing for specific performance of these Terms and Conditions, but only to the extent necessary to provide relief warranted by the claimant’s individual claim. Judgment on the arbitration award may be entered in any court with jurisdiction. If you prevail in arbitration, you will be entitled to an award of attorneys’ fees and expenses, to the extent provided under applicable law. Notwithstanding any of the foregoing, nothing in these Terms will preclude you from bringing issues to the attention of federal, state, or local agencies, and, if the law allows, they can seek relief against us for you.

Special Additional Procedures for Mass Arbitration. If twenty-five (25) or more similar claims are asserted against Church’s Texas Chicken^® by the same or coordinated counsel or are otherwise coordinated (and your claim is one such claim), you understand and agree that the resolution of your dispute might be delayed. You also agree to the following process. Counsel for the claimants and counsel for Church’s Texas Chicken^® shall each select ten (10) cases (per side) to proceed first in individual arbitration proceedings as part of a bellwether process. The remaining cases shall not be filed or deemed filed in arbitration nor shall any JAMS fees be assessed in connection with those claims until they are selected to proceed to individual arbitration proceedings as part of a staged process. If the parties are unable to resolve the remaining cases after the conclusion of the initial twenty (20) proceedings, the parties shall participate in a global mediation session before a retired state or federal court judge, and Church’s Texas Chicken^® shall pay the mediator’s fee. If the parties are unable to resolve the remaining matters in mediation at this time, each side shall select twenty (20) cases (per side) to proceed to individual arbitration proceedings as part of a second bellwether process. (If there are fewer than forty (40) claims remaining, all shall proceed.) The remaining cases shall not be filed or deemed filed in arbitration nor shall any JAMS fees be assessed in connection with those cases until they are selected to proceed to individual arbitration proceedings as part of a staged process. A single arbitrator shall preside over each case. Only one case may be assigned to each arbitrator as part of a bellwether process unless the parties agree otherwise. If the parties are unable to resolve the remaining cases after the conclusion of the forty (40) proceedings, the parties shall participate in another global mediation session before a retired state or federal court judge, and Church’s Texas Chicken^® shall pay the mediator’s fee. If the parties are unable to resolve the remaining matters in mediation at this time, this staged process shall continue with one hundred (100) cases proceeding at one time that are selected randomly or by JAMS in staged sets, until all the claims included in these coordinated filings, including your case, are adjudicated or otherwise resolved. Between staged sets of proceedings, Church’s Texas Chicken^® agrees to participate in a global mediation session should your counsel request it in an effort to resolve all remaining claims. The statute of limitations and any filing fee deadlines shall be tolled for claims subject to this section from the time the first cases are selected for a bellwether process until the time your case is selected, withdrawn, or otherwise resolved. A court of competent jurisdiction shall have authority to enforce this paragraph and, if necessary, to enjoin the mass filing or prosecution of arbitration demands against Church’s Texas Chicken^®. Should a court of competent jurisdiction decline to enforce these “Special Additional Procedures for Mass Arbitration,” you and we agree that your and our counsel shall engage in good faith to devise and implement procedures that ensure that arbitration remains efficient and cost-effective for all parties. Either party may engage with JAMS to address reductions in arbitration fees.

Notwithstanding any provision to the contrary, we agree that if Church’s Texas Chicken^® makes and future changes to this arbitration agreement (Section 7), you may reject any such change by sending us written notice personally signed by you within thirty (30) days of the change to the following address: Attn: Legal Department, 980 Hammond Drive, Ste. 1100, Atlanta, GA 30328.

1. Are there any other terms?

Yes, but just a couple more…

Limitation of Liability. We are not responsible and will not be liable for any damages of any nature, including without limitation any direct, indirect, incidental, special or consequential damages (such as lost profits or lost business opportunities), punitive damages, third party claims, or attorney’s fees arising from your use of the Church’s Texas Chicken^® Mobile Alerts.

Applicable Law. Except as otherwise provided herein, your use of the Church’s Texas Chicken^® Mobile Alerts is governed by the laws of the State of Georgia.

Severability. If any term in these Terms and Conditions is to any extent illegal, otherwise invalid, or incapable of being enforced, such term shall be excluded to the extent of such invalidity or unenforceability; all other terms hereof shall remain in full force and effect; and, to the extent permitted and possible, the invalid or unenforceable term shall be deemed replaced by a term that is valid and enforceable and that comes closest to expressing the intention of such invalid or unenforceable term. If application of this Severability provision should materially and adversely affect the economic substance of the transactions contemplated hereby, the Party adversely impacted shall be entitled to compensation for such adverse impact, provided the reason for the invalidity or unenforceability of a term is not due to serious misconduct by the Party seeking such compensation.

Changes to these Terms. These Terms and Conditions are subject to change at any time without notice.

Effective Date: August 17, 2023