Arbitration & Dispute Resolution
How we resolve disagreements — explained clearly, with all your rights and options.
Effective Date: April 14, 2026 | Governing Law: Delaware, United States
What This Means in Plain English
- Most disputes go to arbitration, not court. If you have a dispute with Dakdan Talent, we resolve it through a neutral arbitrator (through the American Arbitration Association), not a judge or jury. This is usually faster and less expensive than going to court.
- You can always go to small claims court. For small dollar disputes, you always have the option to use your local small claims court instead of arbitration.
- No class actions — with one important exception. Generally you cannot join a class action lawsuit against us. But if 10 or more athletes have the exact same complaint about NIL data misuse, they can go to court together as a group.
- You can opt out within 30 days. If you don't want the arbitration clause to apply to you, you can opt out by email within 30 days of creating your account.
- We pay arbitration fees for claims under $75,000. If your dispute is under $75,000, Dakdan Talent covers the AAA filing fees so cost is not a barrier.
- NIL disputes get fast-track resolution. If you have an active NIL deal dispute, we offer a 30-day fast-track arbitration process so your deal doesn't stay unresolved while legal proceedings drag on.
- Delaware law governs. The laws of the State of Delaware, USA, apply to all disputes for US users.
- EU/UK consumers: your home courts still apply. If you're a consumer in the EU, UK, or most other countries, local consumer protection law means you can always use your home courts.
Full Provisions
1Talk to Us First — Informal Resolution
Before initiating any formal arbitration or legal proceeding, you agree to attempt to resolve the dispute informally. Send a written description of your dispute, including the relief you are seeking, to:
Dakdan Talent LLC — Legal Department
Email: legal@dakdantalent.com
Subject line: "Dispute Notice — [Brief Description]"
We will acknowledge your notice within 5 business days and attempt to resolve the dispute through good-faith negotiations for a period of at least 60 days from the date of our acknowledgment. Neither party may initiate formal proceedings before this 60-day period expires, unless:
- The dispute involves an active NIL deal (see Section 6 for fast-track provisions)
- Immediate relief is needed to prevent irreparable harm (e.g., injunctive relief for a data breach)
- Both parties mutually agree in writing to skip the informal period
2Binding Arbitration (US Users)
For users located in the United States: Except as provided in Sections 3 and 4, you and Dakdan Talent LLC agree that any dispute, claim, or controversy arising out of or relating to your use of the Platform, these Terms of Service, or any Dakdan Talent product or service shall be resolved exclusively through binding individual arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules (where applicable) or Commercial Arbitration Rules.
Arbitration Forum
American Arbitration Association (AAA). Rules available at www.adr.org. One neutral arbitrator selected per AAA rules.
Governing Law
Delaware law governs the substance of all disputes. The Federal Arbitration Act (FAA) governs whether a dispute is arbitrable and all procedural aspects of arbitration.
Location
Arbitration shall be conducted in the federal judicial district of your residence, or via videoconference if both parties agree. Consumer users may always request videoconference arbitration.
Individual Basis Only
Arbitration is conducted on an individual basis. The arbitrator cannot consolidate claims from multiple people or preside over any class or representative proceeding, subject to the athlete group carve-out in Section 3.
Award Enforceability
The arbitrator's decision is final and binding, and may be confirmed as a judgment in any court of competent jurisdiction. Discovery is available per AAA rules.
3Class Action Waiver & Athlete Group Exception
Class Action Waiver
YOU AND DAKDAN TALENT AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. UNLESS BOTH PARTIES AGREE OTHERWISE IN WRITING, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS AND MAY NOT PRESIDE OVER ANY FORM OF REPRESENTATIVE OR CLASS PROCEEDING.
Athlete Group NIL Claims — Court Exception
Notwithstanding the class action waiver above, a group of ten (10) or more athlete users with substantially identical claims arising from the same alleged misuse of NIL data by Dakdan Talent may, at the group's election, proceed as a group action in a court of competent jurisdiction rather than individual arbitration.
Qualifying NIL data misuse claims include:
- Unauthorized disclosure of NIL deal amounts or sponsor identities to third parties
- Unauthorized use of athlete name, image, or likeness data
- Systematic failure of the platform's NIL compliance controls causing group-wide harm
- Willful misrepresentation of how NIL data is used or shared
How to invoke: All participating athletes must submit a joint written notice to legal@dakdantalent.com before filing any court action. The notice must identify all participating athletes, describe the substantially identical claims, and state the group's intent to proceed in court. We will acknowledge within 10 business days.
This carve-out exists because we recognize that certain systemic NIL data abuses, if they occurred, could affect many athletes similarly, and class-wide adjudication may be the only economically feasible remedy. It is not an invitation to litigate — it is a fairness provision.
4Always Available — Courts & Injunctive Relief
Regardless of the arbitration agreement, the following options are always available to you:
Small Claims Court
Either party may bring qualifying claims in small claims court in their jurisdiction. This option remains available regardless of any arbitration agreement and requires no opt-out.
Injunctive Relief for IP / Data Breach
Either party may seek emergency injunctive or equitable relief in a court of competent jurisdiction to prevent irreparable harm from intellectual property infringement or a data security breach. Such relief may be sought without waiting for the informal resolution period.
Athlete Group NIL Claims
Groups of 10+ athletes with substantially identical NIL data misuse claims may proceed in court per Section 3 above.
Consumer Protection Authorities
Nothing in this arbitration agreement prevents you from filing a complaint with a consumer protection authority, such as the FTC, CFPB, state attorney general, EU DPA, or equivalent body in your jurisdiction.
530-Day Opt-Out Right
How to Opt Out of Arbitration
You may opt out of this arbitration agreement by sending written notice to Dakdan Talent within 30 days of first creating your account.
Send to: legal@dakdantalent.com
Subject: "Arbitration Opt-Out"
Your notice must include:
- Your full name
- The email address associated with your account
- A clear statement: "I wish to opt out of the arbitration agreement in the Dakdan Talent Terms of Service."
If you opt out:
- This arbitration agreement will not apply to you for any claims that arise after your opt-out notice is received.
- You may still bring claims in court in New Castle County, Delaware, or in your state of residence for consumer matters.
- The rest of the Terms of Service remains in full force and effect.
- Opting out does not affect your ability to use the platform or any features thereof.
The 30-day opt-out period begins on the date you first accept the Terms of Service (i.e., the date you create your account). If you have previously accepted Terms of Service and we make material changes to this arbitration clause, you will have a new 30-day opt-out period from the date of the material change.
6NIL-Specific Fast-Track Dispute Resolution
We recognize that disputes involving active NIL deals are time-sensitive. A deal stuck in lengthy arbitration can harm an athlete's brand opportunities and a sponsor's marketing timeline. We therefore offer a 30-day fast-track resolution process for active NIL deal disputes.
NIL Fast-Track Process
Athlete or sponsor submits NIL dispute notice to legal@dakdantalent.com with "NIL Fast-Track" in subject line. Include: deal ID, nature of dispute, relief sought.
Dakdan Talent acknowledges and assigns a designated NIL dispute coordinator. Both parties invited to a virtual mediation call.
Mediation phase: coordinator facilitates good-faith negotiation between athlete, sponsor, and (if applicable) university compliance.
If mediation fails, dispute proceeds to expedited AAA arbitration under Emergency Arbitration rules. Arbitrator issues binding decision within 30 days of appointment.
The fast-track process is available for disputes involving:
- Non-payment or late payment under an active NIL deal managed on the platform
- Disputes about deliverable completion or compliance approval status
- Platform errors that affected NIL deal compliance reporting
- Unauthorized disclosure of NIL deal terms by any party
The fast-track process is not available for disputes about the platform's Terms of Service generally, billing, or non-NIL features. Those use the standard 60-day informal resolution period followed by AAA arbitration.
7University Partnership Disputes
Disputes between Dakdan Talent and university partners (career services departments, athletic compliance offices, or institutional administrators) follow a separate mediation track designed for the higher education context.
NACUA Mediation Track
University partnership disputes are first referred to mediation facilitated by a neutral mediator from the National Association of College and University Attorneys (NACUA) membership or a mutually agreed mediator with expertise in higher education law and FERPA.
- Mediation must be attempted before arbitration or litigation for institutional disputes
- Mediation to be conducted within 45 days of formal dispute notice
- Costs of mediation shared equally between Dakdan Talent and the university
- If mediation fails, disputes proceed to AAA arbitration under Commercial Arbitration Rules
- FERPA-related disputes may also involve the U.S. Department of Education as appropriate
University partners with dispute inquiries: university-partnerships@dakdantalent.com
8International Users
EU / EEA / UK Consumers
Mandatory arbitration clauses are generally unenforceable for consumer contracts in EU/EEA/UK jurisdictions. If you are an EU, EEA, or UK consumer, you retain the right to bring disputes in your local courts. You also have access to free alternative dispute resolution through the EU Online Dispute Resolution (ODR) platform at ec.europa.eu/odr and your national ADR body.
ICC Arbitration for International Business Users
For business users outside the US, EU, and UK (e.g., international employers, research partners), disputes may be resolved under ICC (International Chamber of Commerce) arbitration rules, with the seat of arbitration and language determined by mutual agreement or ICC rules. Delaware law governs the substance unless otherwise agreed.
Consumer Protection in Other Jurisdictions
For consumers in Canada, Australia, and other jurisdictions with mandatory consumer dispute resolution frameworks, local mandatory law applies and overrides any arbitration agreement to the extent required. Contact legal@dakdantalent.com to understand your options under your jurisdiction's law.
9Arbitration Costs
| Dispute Type | Who Pays AAA Fees |
|---|---|
| Consumer claims under $75,000 | Dakdan Talent pays all AAA filing fees |
| Consumer claims $75,000–$250,000 | Split per AAA Consumer Rules (usually small consumer fee) |
| Consumer claims over $250,000 | Per AAA Commercial Rules |
| Business/employer disputes | Per AAA Commercial Rules (each party bears own fees) |
| NIL fast-track mediation | Dakdan Talent covers mediator fees |
| Attorney fees | Each party bears their own (unless arbitrator awards fees per applicable law) |
If an arbitrator finds that your claims are frivolous or brought in bad faith, the arbitrator may award us our reasonable attorney fees. If we initiate any claim against you and the arbitrator finds our claims frivolous, we will pay your reasonable attorney fees.
10Contact
General Disputes & Arbitration
For dispute notices, opt-out requests, and arbitration inquiries
arbitration@dakdantalent.comLegal Department
For informal dispute resolution, opt-out notices, and complex matters
legal@dakdantalent.comNIL Fast-Track Disputes
For active NIL deal disputes requiring fast-track resolution
nil-compliance@dakdantalent.comUniversity Partnerships
For institutional dispute inquiries and NACUA mediation
university-partnerships@dakdantalent.com