*Offer valid with purchase at participating US Church's® locations only through 12/5. Not valid with any other offer. Discount is applied to one regular classic side. Subject to cancellation at any time. No product or ingredient substitutions, upgrades, or add-ons. Limit one offer per customer per visit. Price may vary. Customer is responsible for applicable sales tax. Must be registered and signed into the Church's Real Rewards™ program to redeem offer. Offer valid in the Church’s Texas Chicken® mobile app, churchs.com or in-restaurant at participating Church’s® restaurants after checking in with in-app QR code. Not valid on catering or third-party delivery platforms. No cash value. Terms apply. https://www.churchs.com/rewards/terms-conditions/
Church's Texas Chicken®
Terms of UseCajun Operating Company (“Church’s®”) Internet Site Terms and Conditions
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY
By using the pages on this site, you agree to these Terms and Conditions. If you do not agree, you should not use this site.
Effective: July 16, 2024
-
restrictions on use
Material from www.churchs.com and any other World Wide Web site owned, operated, licensed, or controlled by Church's® or any of its related, affiliated, or subsidiary companies may not be copied or distributed, or republished, uploaded, posted, or transmitted in any way, without the prior written consent of Church's® EXCEPT: you may download one copy of the material on one computer for your personal, non-commercial home use only, provided you do not delete or change any copyright, trademark, or other proprietary notices. Modification or use of the materials for any other purpose violates Church's® intellectual property rights. The material on this site is provided for lawful purposes only. If you download software from our site, the software, including all files, images, contained in or generated by the software, and accompanying data (together, the "Software") are deemed to be licensed to you by Church's®. Neither title nor intellectual property rights are transferred to you, but remain with Church's®, who owns full and complete title. You may not resell, decompile, reverse engineer, disassemble, or otherwise convert the Software to a human perceivable form.
-
restriction of liability
Church's® will not be liable for any damages or injury caused by, including but not limited to, any failure of performance, error, omission, interruption, defect, delay in operation of transmission, computer virus, or line failure. Church's® will not be liable for any damages or injury, including but not limited to, special or consequential damages that result from the use of, or the inability to use, the materials on this site, even if there is negligence or Church's® or an authorized Church's® representative has been advised of the possibility of such damages, or both. The above limitation or exclusion may not apply to you to the extent that applicable law may not allow the limitation or exclusion of liability for incidental or consequential damages. Church's® total liability to you for all losses, damages, and causes of action (in contract, tort (including without limitation, negligence), or otherwise) will not be greater than the amount you paid to access this site.
-
submissions
All remarks, suggestions, ideas, graphics, or other information communicated to Church's® through this site (together, the "Submission") will forever be the property of Church's®. Church's® will not be required to treat any Submission as confidential, and will not be liable for any ideas for its business (including without limitation, product, or advertising ideas) and will not incur any liability as a result of any similarities that may appear in future Church's® operations. Without limitation, Church's® will have exclusive ownership of all present and future existing rights to the Submission of every kind and nature everywhere. Except as noted below in this paragraph, Church's® will be entitled to use the Submission for any commercial or other purpose whatsoever without compensation to you or any other person sending the Submission. Personally identifiable information that may be received at this site is provided voluntarily by a visitor to this site. This information is for internal purposes only and is not sold or otherwise transferred to other entities who are not involved in the operation of this site. Therefore, the above right to use Submissions is subject to this limited use of this information and excludes non-retained information. You acknowledge that you are responsible for whatever material you submit, and you, not Church's® have full responsibility for the message, including its legality, reliability, appropriateness, originality, and copyright.
-
jurisdiction
Except as described otherwise, all materials in the Church's® site are made available only to provide information about Church's®. Church's® controls and operates this site from its headquarters in Atlanta, Georgia, United States of America and makes no representation that these materials are appropriate or available for use in other locations.
If you use this site from other locations you are responsible for compliance with applicable local laws. Some software from this site may be subject to export controls imposed by the United States and may not be downloaded or otherwise exported or reexported: (a) into (or to a national or resident of ) any country to which the U.S. has placed an embargo, including without limitation, Cuba, Iran, Iraq, Libya, North Korea, or Syria; (b) to everyone on the U.S. Treasury Department's Specially Designated Nationals list, or (c) the U.S. Commerce Department's Table of Denial Orders. If you download or use the Software, you represent and warrant that you are not located in or under the control of, or a national or any such country or on any such list. -
disclaimer
The material on this site could include technical inaccuracies or typographical errors. CHURCH'S® may make changes or improvements at any time. THE MATERIALS IN THIS SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESSED OR IMPLIED, TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW. CHURCH'S® DISCLAIMS ALL WARRANTIES OR MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. CHURCH'S® DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIAL WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. CHURCH'S® DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF OR THE RESULT OF THE USE OF THE MATERIAL IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT CHURCH'S®) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. THE ABOVE EXCLUSION MAY NOT APPLY TO YOU, TO THE EXTENT THAT APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES. This website may contain downloadable materials as well as links to external sites. Church's® is not responsible for, and has no control over, the content of such downloadable materials or external sites. You understand that Church's® cannot and does not guarantee or warrant that files or software of any kind, or from any source, available for downloading through this website, will be free of infection or viruses, worms, Trojan Horses or other code or defects that manifest contaminating or destructive properties.
-
termination
Church's® or you may terminate this agreement at any time. You may terminate this agreement by destroying: (a) all materials obtained from all Church's® sites and (b) all related documentation and all copies and installations (together, the "Materials"). Church's® may terminate this agreement immediately without notice if, in its sole judgment, you breach any term or condition of this agreement. Upon termination, you must destroy all materials.
-
miscellaneous
These Terms and Conditions will be governed and be interpreted pursuant to the laws of the State of Georgia, United States of America, notwithstanding any principles of conflicts of law. If any part of these Terms and Conditions is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions. Possible evidence of use of this site for illegal purposes will be provided to law enforcement authorities. This is the entire agreement between the parties relating to the use of this site. Church's® can revise these Terms and Conditions at any time by updating this posting. Church's® products and services are available in many parts of the world. However, the Church's® site may describe products and services that are not available worldwide. This site may be linked to other sites which are not maintained by Church's®. Church's® is not responsible for the content of those sites. The inclusion of any link to such sites does not imply endorsement by Church's® of the sites.
-
trademark information
The following trademarks used herein are owned by Church's® and its affiliates: Church's Texas Chicken®, Church's®, Texas Chicken®, Church's Southern Sweet Tea®, Tender Crunchers®, Tender Strips®, Jalapeño Cheese Bombers®, Purple Pepper Sauce®.
Coca-Cola® is a registered trademark of The Coca-Cola Company.
Submission of Ideas: Church's® values customer feedback. However, Church's® will not accept or consider unsolicited ideas, suggestions, or materials, so we must ask you not to send us your product, advertising, marketing, or operations ideas for our business. We hope that you understand that it is the intent of this policy to avoid the possibility of future misunderstandings when products or other Church's® promotions or initiatives developed by Church's® professional staff might seem to others to be similar to their own creative work.
If, despite this request, you send us suggestions or ideas ("Submissions"), the Submissions shall be deemed to have been submitted voluntarily and shall remain the property of Church's®. Subject only to the limitations set forth in Church's® Privacy Policy, Church's® shall have the right to copy, distribute, transmit, perform, display, modify, adapt, and otherwise use your Submission for any purpose whatsoever (including, without limitation, in the development, manufacture and marketing of products and services based on or incorporating ideas, know-how and techniques contained in your Submission), in all forms and media (including, without limitation, by means of the Internet or other electronic media) throughout the world. Church's® shall assume no duty of confidentiality, express or implied, with respect to any Submission and will have no liability for the use or disclosure of your Submission. Accordingly, Church's® will have no obligation to treat your Submission as confidential or to compensate you or anyone else for your Submission or any use of your Submission by Church's® or others. -
loyalty program
We reserve the right to modify any of the Terms and Conditions governing the Program at any time including, but not limited to, the ways to earn Points, the number of Points you can earn, the rules for redeeming Points, the Eligible Menu Items for which you can redeem Points and the corresponding Point values, and the expiration of Points with or without notice, even though these changes may affect your ability to receive earn or redeem Points. Unless we tell you otherwise, modifications are effective immediately upon posting of the updated Terms. We also reserve the right to suspend or terminate the Program (in part or in its entirety) at any time, for any reason. If we do terminate the Program, we will notify you by email.
Your continued participation in the Program constitutes your acceptance of any changes we make to these Terms. You are responsible for remaining knowledgeable about any changes we may make to these Terms. The most current version of the Terms will be available on www.churchs.com/rewards/terms-conditions and will supersede all previous versions of the Terms.
If you don’t agree to any change we make, or at any point you decide that you no longer want to participate in the Program, you can terminate your Account following the instructions in Section 8. Please note that if we do that, you will not be able to use any of the Points or other benefits you have accumulated. -
promotional offer terms and conditions
FOR ALL OFFERS OR PROMOTIONS ON CHURCHS.COM OR THE CHURCH’S® APP: Available only for a limited time at participating locations in the U.S. Minimum purchase may be required. Prices may vary by location. Does not include applicable service fees, delivery fees, surcharges, taxes or gratuities. May not be combined with any other offers or promotions. May not be available on third party marketplaces. While supplies last. Church’s Texas Chicken® reserves the right to cancel, suspend and/or modify any offer or promotion if any fraud, technical failures, human error, or any other factor impairs the integrity or proper performance of the offer, as determined by Church’s Texas Chicken® in its sole discretion.
12 Days of Real Rewards™ Promotion: 12 Days of Real Rewards™ Promotion: *Offer valid at participating locations 12/2/24 – 12/13/24. Coupons expire 3 days after issuance to Real Rewards™ accounts. New Real Rewards™ members will begin receiving offers one day after signup. Must be registered and signed into the Church's Real Rewards™ program to redeem daily offers. Offers are only redeemable on the Church's® app, Churchs.com and in-restaurant. Offer is redeemable only at participating U.S. Church's® locations. Points are subject to promotional terms and conditions. Offer is nontransferable and cannot be combined with any other offer. No product or ingredient substitutions, upgrades, or add-ons. Not valid on catering or third-party delivery platforms. No cash value. Terms apply. https://www.churchs.com/rewards/terms-conditions/.
*Offer valid at participating US Church’s® locations only through 12/6. Must be registered and signed into the Church's Real Rewards™ program to redeem offer. Not valid with any other offer. Subject to cancellation at any time. Order must be at least $10 before sales tax and fees. Pricing may vary. Customer is responsible for applicable sales tax. Offer valid in the Church’s Texas Chicken® mobile app, churchs.com or in-restaurant at participating Church’s® restaurants after checking in with in-app QR code. Offer is nontransferable. Not valid on catering or third-party delivery platforms. No cash value. Terms apply: https://www.churchs.com/rewards/terms-conditions/
*Offer redeemable through 12/7. Points are automatically added to Real Rewards™ balance. Not valid with any other offer. Subject to cancellation at any time. Offer is nontransferable. No cash value. Points are subject to promotional terms and conditions. Terms apply: https://www.churchs.com/rewards/terms-conditions/
*Offer valid at participating US Church’s® locations only through 12/8. Valid with any purchase. Discount is applied to one 22-ounce drink. Not valid with any other offer. Subject to cancellation at any time. No product or ingredient substitutions, upgrades, or add-ons. Limit one offer per customer per visit. Price may vary. Customer is responsible for applicable sales tax. Must be registered and signed into the Church's Real Rewards™ program to redeem offer. Offer valid in the Church’s Texas Chicken® mobile app, churchs.com or in-restaurant at participating Church’s® restaurants after checking in with in-app QR code. Not valid on catering or third-party delivery platforms. No cash value. Terms apply. https://www.churchs.com/rewards/terms-conditions/
*Offer valid at participating US Church’s® locations only through 12/9. Must be registered and signed into the Church's Real Rewards™ program to redeem offer. Not valid with any other offer. Subject to cancellation at any time. Order must be at least $30 before sales tax and fees. Pricing may vary. Customer is responsible for applicable sales tax. Offer valid in the Church’s Texas Chicken® mobile app, churchs.com or in-restaurant at participating Church’s® restaurants after checking in with in-app QR code. Offer is nontransferable. Not valid on catering or third-party delivery platforms. No cash value. Terms apply: https://www.churchs.com/rewards/terms-conditions/
*Offer valid at participating US Church’s® locations only through 12/10. Valid with purchase of a 12PC Family Meal. Discount is applied to one 8PC Jalapeño Cheese Bombers®. Not valid with any other offer. Subject to cancellation at any time. No product or ingredient substitutions, upgrades, or add-ons. Limit one offer per customer per visit. Price may vary. Customer is responsible for applicable sales tax. Must be registered and signed into the Church's Real Rewards™ program to redeem offer. Offer valid in the Church’s Texas Chicken® mobile app, churchs.com or in-restaurant at participating Church’s® restaurants after checking in with in-app QR code. Not valid on catering or third-party delivery platforms. No cash value. Terms apply. https://www.churchs.com/rewards/terms-conditions/
*Offer valid at participating US Church’s® locations only through 12/11. Valid with purchase of 16PC Family Meal. Not valid on 16PC Tenders. Not valid with any other offer. Subject to cancellation at any time. No product or ingredient substitutions, upgrades, or add-ons. Limit one offer per customer per visit. Price may vary. Customer is responsible for applicable sales tax. Must be registered and signed into the Church's Real Rewards™ program to redeem offer. Offer valid in the Church’s Texas Chicken® mobile app, churchs.com or in-restaurant at participating Church’s® restaurants after checking in with in-app QR code. Not valid on catering or third-party delivery platforms. No cash value. Terms apply. https://www.churchs.com/rewards/terms-conditions/
*Offer valid at participating US Church’s® locations only through 12/12. Valid with any purchase. Discount is applied to one Honey-Butter Biscuit™. Not valid with any other offer. Subject to cancellation at any time. No product or ingredient substitutions, upgrades, or add-ons. Limit one offer per customer per visit. Price may vary. Customer is responsible for applicable sales tax. Must be registered and signed into the Church's Real Rewards™ program to redeem offer. Offer valid in the Church’s Texas Chicken® mobile app, churchs.com or in-restaurant at participating Church’s® restaurants after checking in with in-app QR code. Not valid on catering or third-party delivery platforms. No cash value. Terms apply. https://www.churchs.com/rewards/terms-conditions/
*Offer valid at participating US Church’s® locations only through 12/13. Must be registered and signed into the Church's Real Rewards™ program to redeem offer. Not valid with any other offer. Subject to cancellation at any time. Order must be at least $10 before sales tax and fees. Pricing may vary. Customer is responsible for applicable sales tax. Offer valid in the Church’s Texas Chicken® mobile app, churchs.com or in-restaurant at participating Church’s® restaurants after checking in with in-app QR code. Offer is nontransferable. Not valid on catering or third-party delivery platforms. No cash value. Terms apply: https://www.churchs.com/rewards/terms-conditions/
*Offer redeemable through 12/14. Points are automatically added to Real Rewards™ balance. Not valid with any other offer. Subject to cancellation at any time. Offer is nontransferable. No cash value. Points are subject to promotional terms and conditions. Terms apply: https://www.churchs.com/rewards/terms-conditions/
*Offer valid at participating US Church’s® locations only through 12/15. Must be registered and signed into the Church's Real Rewards™ program to redeem offer. Not valid with any other offer. Subject to cancellation at any time. Order must be at least $15 before sales tax and fees. Pricing may vary. Customer is responsible for applicable sales tax. Offer valid in the Church’s Texas Chicken® mobile app, churchs.com or in-restaurant at participating Church’s® restaurants after checking in with in-app QR code. Offer is nontransferable. Not valid on catering or third-party delivery platforms. No cash value. Terms apply: https://www.churchs.com/rewards/terms-conditions/
Offer valid at participating US Church’s® locations only through 12/16. Valid with $15 minimum purchase. Discount is applied to one 2PC Leg & Thigh only. Not valid with any other offer. Subject to cancellation at any time. No product or ingredient substitutions, upgrades, or add-ons. Limit one offer per customer per visit. Price may vary. Customer is responsible for applicable sales tax. Must be registered and signed into the Church's Real Rewards™ program to redeem offer. Offer valid in the Church’s Texas Chicken® mobile app, churchs.com or in-restaurant at participating Church’s® restaurants after checking in with in-app QR code. Not valid on catering or third-party delivery platforms. No cash value. Terms apply. https://www.churchs.com/rewards/terms-conditions/
Welcome Reward: *Welcome reward is valid for 14 days after sign-up for Church's Real Rewards™ Program. Redeemable for a free 2PC Leg & Thigh or 3PC Tenders with any purchase. Not valid for combos. No substitutions, upgrades, or add-ons. Must be registered and signed in as a Church's Real Rewards™ member in-app or on churchs.com to apply reward. Valid in-store or for pick up or delivery using churchs.com or the Church’s® app. Not valid on third-party delivery. Limited to one reward/offer per transaction. May not be combined with any other offer. Subject to product availability at participating locations. Taxes and fees may apply. Terms and conditions apply. No cash value. Void where prohibited. Churchs.com/rewards/terms-conditions.
Birthday Reward: On your birthday, as indicated in your Account, you will receive your choice of a Free Dessert, Regular Classic Side, or a 22-oz drink with any purchase. Valid for 14 days after birthday. Redeemable for a free regular classic side, 1 Apple Pie, 1 Frosted Honey-Butter Biscuit, or 22-oz drink with any purchase. Not valid for premium sides or limited time offers of drinks, desserts, or sides. Must be signed in as a Church's Real Rewards™ member in-app or online to apply reward. Not valid on third-party delivery. Valid in-store or for pick up or delivery using Church's® online ordering or app. Limited to one reward/offer per transaction. Subject to product availability at participating locations. Taxes and fees may apply.
Anniversary Reward: On the yearly anniversary of creating your Account, you will receive your choice of Free Dessert, Regular Classic Side, or 22-oz drink with any purchase. Valid for 14 days after Program sign up anniversary. Redeemable for a free regular side, 1 Apple Pie or 1 Frosted Honey-Butter Biscuit, or 22-oz drink with any purchase. Not valid for premium sides or limited-time offers of drinks, desserts, or sides. Must be signed in as a Church's Real Rewards™ member in-app or online to apply reward. Not valid on third-party delivery. Valid in-store or for pick up or delivery using Church's® online ordering or app. Limited to one reward/offer per transaction. Subject to product availability at participating locations. Taxes and fees may apply.
Free Jalapeño Holiday Ornament: Free Jalapeño Holiday Ornament with purchase of any Family Meal. One ornament per any Family Meal purchase via Churchs.com, the Church’s Texas Chicken® App, and in-store at participating Church's® restaurants in United States. While supplies last. Not valid on catering or third-party delivery platforms.
For full Free Chicken for a Year Terms and Conditions, please click here.
-
SMS TERMS AND CONDITIONS LOYALTY PROGRAM
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.
- What are Church’s Texas Chicken® Mobile Alerts?
- How do I sign up?
- What if I don’t want to receive any more messages?
- How do I get more info?
- What are the Participating Carriers?
- Privacy Policy
- How are disputes resolved?
- Are there any other Terms?
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.
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.
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 into the Program.
For help call 866-372-5246 or email us at socialmedia@churchs.com. Msg and data rates may apply. Text STOP to not receive anymore messages.
Check with your wireless carrier if you have questions regarding any data plan participation.
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.
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 make 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 AGREE 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 any 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.
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 the 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