SetVenue Dispute Resolution Policy

Last updated: 2026-05-26 Effective date: [EFFECTIVE DATE]

Plain-English Summary

This is the short version of how disputes between Hosts and Guests get handled on SetVenue. It is here for convenience — the numbered sections below are the operative legal text.

SetVenue is a marketplace facilitator, not a judge. SetVenue can host the conversation, collect evidence, freeze a payout while a dispute is open, and offer an advisory recommendation — but SetVenue does not issue binding decisions, does not act as a licensed arbitrator or mediator, and does not pay damage claims out of its own pocket.

The five-step ladder:

1. Talk directly through the Platform messages for 7 calendar days. Most disputes end here.
2. SetVenue facilitation — submit evidence, the other side has 5 days to respond, SetVenue issues an advisory recommendation within 14 days. Both sides must affirmatively accept; silence counts as decline.
3. Damage Hold disputes are governed by Terms § 9 — Guest must affirmatively accept a Damage Charge; silence releases the hold; SetVenue cannot override that.
4. Card chargebacks are governed by Stripe and the card networks, not by this Policy.
5. Arbitration or court if everything else fails.

What you cannot be forced into. SetVenue does not compel arbitration of sexual-assault or sexual-harassment claims (federal EFAA), does not waive your non-waivable California consumer rights (CLRA, UCL, FAL, Unruh, Song-Beverly), and does not block a McGill public-injunctive-relief claim. Small claims under $10,000 default to documents-only arbitration. Statutory pre-suit notice (such as the 30-day CLRA notice) runs concurrently with the Step 1 direct-communication period.

The ground rules. Confidentiality applies to arbitration. Class actions are waived for claims that can be arbitrated (Host and Guest may only bring claims against each other on an individual basis, not as a plaintiff or class member in any class, collective, or representative proceeding), but if that waiver is found unenforceable for a specific claim, that claim — and only that claim — falls out of arbitration into court. You can opt out of arbitration entirely within 30 days of confirming a Booking by emailing arbitration-optout@setvenue.com with the Booking ID and a clear opt-out statement. SetVenue facilitation does not toll any statute of limitations — file protectively if your claim is near its deadline. Communications in SetVenue facilitation are Platform records and are not protected by state mediation privilege unless and until the parties separately opt into formal mediation.

This summary is provided for convenience only. The numbered sections below are the operative legal text and control in any conflict.

§1 Introduction — SetVenue's Role as Facilitator

This Dispute Resolution Policy ("Policy") governs how disputes between Hosts and Guests arising from Bookings on the SetVenue Platform are addressed. This Policy is incorporated by reference into SetVenue's Terms of Service ("Terms") at §11. Capitalized terms not defined in this Policy have the meanings given in the Terms.

SetVenue is a marketplace facilitator. SetVenue does not render binding decisions on disputes between Hosts and Guests.

This is the load-bearing premise of this Policy. Before reading the escalation steps, understand what SetVenue can and cannot do in a dispute context.

SetVenue may:

• Facilitate direct communication between the parties through the Platform's messaging system;
• Accept and organize evidence submitted by either party (photographs, messages, receipts, booking records);
• Provide an advisory recommendation — not a binding ruling, not a legal judgment — based on its review of submitted evidence and Platform records;
• Freeze or delay processing of a payout or Damage Hold during an open dispute window, where technically feasible through Stripe and permitted under this Policy; and
• Route refunds or release holds through Stripe where both parties voluntarily agree to the advisory recommendation.

SetVenue may not:

• Compel either party to accept any resolution;
• Issue a decision that is legally binding on either party;
• Act as a licensed arbitrator, mediator, or neutral third party under any state or federal alternative dispute resolution rules;
• Award damages from SetVenue's own balance;
• Guarantee any outcome or recovery;
• Substitute SetVenue's advisory recommendation for a Guest's Affirmative Accept on a Damage Charge Request (see §5 and the Terms at §9.3); or
• compel arbitration of any claim that, under applicable law, may not be subject to a pre-dispute arbitration agreement (including "sexual assault disputes" and "sexual harassment disputes" under the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2022, 9 U.S.C. §§ 401-402), which the alleged-victim Party (i.e., the Party alleging the sexual-assault or sexual-harassment claim) may elect to pursue in court.

Disputes between a User and SetVenue (not between a Host and a Guest) are governed separately by §19 of the Terms, which requires binding individual arbitration administered by JAMS under the laws of California. This Policy does not govern those disputes.

§2 Categories of Disputes Covered

This Policy covers disputes arising from confirmed Bookings in the following categories:

Pre-Event Disputes

• Alleged misrepresentation of a Listing (inaccurate photographs, dimensions, amenities, access, or included equipment);
• Host failure or refusal to provide agreed access at the Booking Start Time;
• Disagreement about whether a Guest-initiated or Host-initiated cancellation occurred and which Cancellation Tier applies;
• Disputes about whether a Force Majeure Event qualifies under the Cancellation Policy.

During-Event Disputes

• Guest's inability to access the property at the agreed Booking Start Time due to conditions within the Host's control;
• Property condition materially different from what was listed at the time of Booking (non-functioning utilities, undisclosed active construction, hazardous structural conditions, presence of third parties);
• Disputes about whether a Guest violated Host Rules during the Booking;
• Disputes about whether a Host interfered with the Guest's agreed, contracted use of the property;
• Disputes about undisclosed recording devices in violation of Property Owner Agreement § 4.4.

Post-Event Disputes

• Damage Hold and Damage Charge Request disputes (see §5 and the Terms at §9);
• Claims for cleaning charges in excess of the disclosed Cleaning Fee;
• Complaints arising from third-party complaints to the Host (neighbors, building management, local authorities) attributed to the Guest's conduct;
• Chargebacks initiated by the Guest with their card issuer (see §6).

What This Policy Does Not Cover

• Disputes that are the subject of a pending criminal investigation or court proceeding;
• Intellectual-property disputes (governed by the Terms at §14, the DMCA Policy, and §21);
• Disputes between a User and SetVenue (governed by the Terms at §19);
• Disputes arising from Off-Platform Bookings that circumvent the Platform in violation of the Terms at §12;
• Sexual-assault or sexual-harassment disputes, which the alleged-victim Party (i.e., the Party alleging the sexual-assault or sexual-harassment claim) may, at that Party's election, pursue in court rather than through facilitation or arbitration (see § 7.1 EFAA carve-out and the Guest Agreement § 12).

§3 Step 1 — Direct Communication (7 Calendar Days)

Before involving SetVenue, Hosts and Guests are expected to make a genuine, good-faith effort to resolve disputes directly. Most disputes can and should be resolved at this step.

How to initiate. The party who believes a dispute exists should contact the other party through the SetVenue Platform's messaging system. Messages sent through the Platform create a timestamped, preserved record that may be submitted as evidence in later steps. Parties may also communicate by phone or email, but Platform messages create the clearest evidentiary record.

Timeline. The direct-communication period runs for 7 calendar days from the first written communication about the dispute through the Platform. For post-event damage disputes, the 7-day period tracks the Damage Charge Request dispute window in the Terms at §9.5, which runs from delivery of the Damage Charge Request to the Guest's email of record.

What counts as resolution. A dispute is resolved at Step 1 if both parties confirm in writing through the Platform that they have reached an agreement. Where the agreed resolution requires a refund, a hold release, or a payment, both parties must contact SetVenue at disputes@setvenue.com to initiate the appropriate action in Stripe.

If Step 1 fails. If 7 calendar days elapse without resolution, or if either party concludes in good faith that resolution is not possible, either party may proceed to Step 2 at any time.

Statutory notice reservation. Nothing in this § 3 modifies, replaces, or shortens any pre-suit notice or cure period required by statute, including the 30-day notice required for damages claims under the California Consumers Legal Remedies Act (Cal. Civ. Code § 1782). Statutory notice runs concurrently with the Step 1 direct-communication period to the extent permitted by law.

No tolling of statute of limitations. The Step 1 period does not toll any statute of limitations or contractual limitations period (including the one-year limit in Terms of Service § 19.7, subject to its statutory carve-outs). If your claim is near its limitations deadline, file a protective arbitration demand or court action while pursuing Step 1.

§4 Step 2 — SetVenue Facilitation (14 Calendar Days)

If direct communication does not resolve the dispute, either party may request SetVenue's facilitation.

§4.1 How to Submit a Facilitation Request

Submit a facilitation request through the Disputes portal in your Account dashboard (or, if unavailable, by email to disputes@setvenue.com). The submission must include:

• A clear description of the dispute and the specific resolution sought;
• The Booking ID and the Booking Start Time;
• All evidence the submitting party wishes SetVenue to consider, including:
  • Photographs or video of the property condition before and after the Booking, where applicable;
  • Screenshots of all relevant Platform messages and communications;
  • Receipts, invoices, contractor estimates, or other cost documentation;
  • Any other documentary evidence directly relevant to the dispute.

Responding party. SetVenue will notify the other party of the facilitation request within 2 business days. The responding party has 5 calendar days from notification to submit their evidence and written response. Failure to respond within 5 days does not constitute acceptance of the requesting party's position — SetVenue will review available evidence and proceed.

§4.2 SetVenue's Facilitation Process

Upon receiving evidence from both parties (or upon expiry of the 5-day response window), SetVenue's facilitation team will:

(a) Review all submitted evidence from both parties;

(b) Review relevant Platform records, including the Booking confirmation, audit log entries for the Damage Charge workflow (where applicable per the Terms at §9.8), Platform message timestamps, and payment records;

(c) Prepare an advisory recommendation for resolution. The advisory recommendation may suggest a refund amount, a Damage Hold release or partial capture (subject to the Affirmative-Accept requirement in the Terms at §9.3), a non-monetary resolution (for example, a future Booking credit), or a conclusion that the evidence does not support the claiming party's position; and

(d) Communicate the advisory recommendation to both parties in writing through the Platform.

SetVenue will issue its advisory recommendation within 14 calendar days of the facilitation request. Complex disputes involving extensive evidence, third-party records, or multiple overlapping claims may require additional time; SetVenue will notify the parties if the timeline is extended. Any extension is limited to thirty (30) additional calendar days absent both parties' written consent.

§4.3 Nature of the Advisory Recommendation — Not Binding

SetVenue's advisory recommendation is an operational, good-faith assessment — it is not a legal judgment, an arbitration award, a mediation determination, or a binding contract between the parties.

If both parties accept the recommendation: Both parties must affirmatively confirm acceptance in writing through the Platform. Upon receipt of both acceptances, SetVenue will execute the recommended action through Stripe (for example, initiating a partial refund or releasing a Damage Hold) within 5 business days. Any refund executed through this process follows the same proportional fee mechanics as the Cancellation Policy: the Guest Service Fee refunds in the same proportion as the host-rate refund (no Host Commission is deducted in v1), and the Stripe Processing Fee is non-refundable regardless of the refund amount. Each party's acceptance is independent. SetVenue will only execute the recommended Stripe action upon receipt of acceptance from both parties; one party's acceptance does not create any obligation or estoppel against the non-accepting party.

If either party rejects the recommendation: The rejecting party may proceed to Steps 3, 4, or 5 as applicable. SetVenue will not penalize either party for rejecting an advisory recommendation in good faith.

Silence is not acceptance. A party that does not respond to SetVenue's advisory recommendation within 10 calendar days of delivery is treated as having declined the recommendation. Declined recommendations do not foreclose any party's legal remedies.

Qualified privilege. Advisory recommendations are SetVenue's operational opinion, made in good faith based on submitted evidence. They are issued to the Parties to a dispute (and any party SetVenue elects to involve, such as Stripe or law-enforcement where required). Recommendations are not published to third parties and are subject to qualified privilege under Cal. Civ. Code § 47(c) (interested-party communications). By invoking the facilitation process, both Parties consent to the issuance of such recommendations and waive any defamation, business-tort, trade-libel, intentional-interference, or related claim against SetVenue arising from the content or transmission of an advisory recommendation, except where the recommendation is shown to have been made in bad faith or with actual malice within the meaning of New York Times Co. v. Sullivan, 376 U.S. 254, 279-80 (1964). (See also V5 Drafting Commentary, DR § 4.3.)

§4.4 Funds Freeze During Facilitation

During the Step 2 facilitation period, SetVenue may, where technically feasible through Stripe and consistent with SetVenue's agreement with Stripe, delay processing a payout or releasing a Damage Hold that is the direct subject of the active dispute. The following constraints apply:

• SetVenue will not freeze funds for longer than 30 calendar days from the date the facilitation request was submitted;
• If facilitation does not conclude within 30 days, any pending payout or hold will revert to its default Stripe state — which, for Damage Holds, is Release per the Terms at §9.4 (Expiry default = Release, never auto-capture);
• SetVenue will notify both parties before any funds freeze expires and before any default outcome is triggered.

Facilitation-triggered freeze extension. If a Step 2 facilitation request is formally submitted under § 4.1 and remains pending after the 30-calendar-day funds-freeze cap above, the funds-freeze on the payout or Damage Hold that is the direct subject of that active facilitation is automatically extended up to a maximum of sixty-five (65) calendar days from the date the facilitation request was submitted. The extension applies only to (a) funds that are the direct subject of the active Step 2 facilitation, and (b) the period during which Step 2 facilitation remains pending. If facilitation concludes — by issuance of the advisory recommendation, by both Parties' written acceptance or decline, by withdrawal of the facilitation request, or by expiry of the 10-calendar-day Party-response window after delivery of the recommendation — before day 65, the freeze terminates within five (5) business days of facilitation closure and the underlying Stripe default outcome applies. SetVenue will notify both Parties before any extended freeze expires and before any default outcome is triggered. For the avoidance of doubt, this extension does not apply where facilitation has not been formally invoked under Step 2, in which case the default 30-calendar-day freeze in this § 4.4 controls.

Facilitation extending beyond the extended freeze window. If Step 2 facilitation has not concluded by the end of the extended freeze window (i.e., by day 65 where the extension above applies, or by day 30 where it does not), the freeze ends as set out above and the underlying Stripe default outcome applies; the parties' rights to pursue Step 5 arbitration or court (subject to all of the carve-outs and rules of § 7) are not affected by the end of the freeze.

§4.5 No Mediation Privilege; Opt-In to Formal Mediation

Communications and evidence submitted during Step 2 facilitation are Platform records. They are not protected by any state or federal mediation privilege (including Cal. Evid. Code § 1119) and may be produced in subsequent arbitration or litigation, subject to applicable law. Parties should not submit material in facilitation that they would not want to surface in a later proceeding.

Opt-in to formal mediation. If both parties wish to invoke California Evidence Code § 1119 mediation privilege (or an analogous mediation-confidentiality statute in the state whose law governs the underlying dispute, where such state recognizes a contemporaneous-written-designation procedure), the parties may, by mutual written agreement on the Platform, designate a portion of the facilitation process — or a parallel discussion with a separately engaged neutral — as a "mediation" within the meaning of Cal. Evid. Code § 1115 et seq. SetVenue facilitates this designation operationally but is not itself the mediator. Communications within the designated mediation window are subject to the statutory privilege; communications outside that window remain Platform records.

§4.6 Without-Prejudice Settlement Communications

Where a party labels a specific communication "FOR SETTLEMENT PURPOSES ONLY" within Step 1 or Step 2 (e.g., a settlement offer), that specific communication is governed by Federal Rule of Evidence 408 and Cal. Evid. Code § 1152 as inadmissible to prove liability for the disputed claim. The default Platform record is not subject to FRE 408 / § 1152 absent such labeling.

§5 Step 3 — Damage Hold and Damage Charge Disputes

Disputes specifically about the Damage Hold or Damage Charge Request are governed in the first instance by §9 of the Terms. The interaction with this Policy is as follows:

During the 7-day window (Terms §9.5). If a Damage Charge Request is pending and the Guest's 7-day response window has not yet expired, the Guest's options are: Accept (Terms §9.3), Decline (full dispute), or ignore (which expires to Release per Terms §9.4). SetVenue facilitation under Step 2 of this Policy is available to both parties during this window but cannot substitute for the Guest's Affirmative Accept. SetVenue delivers the Damage Charge Request through a multi-touch notice protocol (at least four channels) as set out in ToS § 9.5 / Guest Agreement § 8, and the Guest may request a single 7-day extension on or before window expiry.

Accept revocation window. A Guest who has Accepted a Damage Charge Request may revoke that Accept within 24 hours of the Accept timestamp, provided Stripe has not yet captured the authorized amount, per Terms § 9.5 / Guest Agreement § 8.

After the 7-day window expires.

• If the Guest accepted: the Damage Charge is captured from the Guest's payment method. No further facilitation is available for that charge.
• If the Guest declined or the window expired without a response: the Damage Hold releases. The Host may pursue a claim against the Guest through Step 2 of this Policy (if within the facilitation window) or through Step 5 (arbitration or court).

Locked rules that cannot be overridden by facilitation:

• A Damage Hold may not be captured without the Guest's affirmative click-to-accept consent. SetVenue's advisory recommendation cannot substitute for Guest acceptance.
• Silence and inaction default to Release — not capture. SetVenue facilitation cannot override this default.
• SetVenue does not pay damage claims from its own balance under any circumstances.
• No Damage Charge Request may be submitted more than 30 calendar days after the Booking's end date (Terms §9.6).

§6 Step 4 — Stripe Chargeback Process

If a Guest initiates a payment-card chargeback with their card issuer or bank, the chargeback is governed by Stripe's rules and the card network's dispute process — not by this Policy.

SetVenue's role in a chargeback:

• SetVenue may submit evidence to Stripe's chargeback portal on its own behalf, including Booking confirmations, Host Rules agreements, communication records, and evidence of Booking completion;
• SetVenue does not act as a judge in a chargeback proceeding — the card network makes the final determination;
• If a chargeback results in a reversal of the Booking charge, the reversed amount may be recovered from the Host's Connected Account per the Terms at §8.9;
• Guests who initiate chargebacks in bad faith — for example, after a Booking was used as confirmed and no legitimate dispute exists — may have their Accounts suspended pending investigation under the Terms at §15.2.

Relationship to this Policy. Initiating a chargeback does not waive a Guest's right to participate in this Policy's facilitation process, and vice versa. However, if a chargeback results in a full reversal of the Booking charge, no additional refund obligation exists under this Policy or the Cancellation Policy.

§7 Step 5 — Escalation to Arbitration or Court

If SetVenue's advisory facilitation under Step 2 does not resolve the dispute — or if either party concludes that facilitation cannot resolve the matter — the parties may pursue their claims through private legal process.

§7.1 Binding Arbitration

Disputes between a Host and a Guest arising from a Booking may be submitted to binding arbitration administered by JAMS under its applicable rules in effect at the time arbitration is commenced — specifically, the JAMS Streamlined Arbitration Rules (for claims at or below US$250,000 in aggregate amount in controversy) or the JAMS Comprehensive Arbitration Rules (for claims above US$250,000), in either case subject to the JAMS Consumer Arbitration Minimum Standards where the dispute arises from a pre-dispute consumer arbitration clause. The documents-only protocol set out below in this § 7.1 applies to claims below US$10,000. The arbitrator applies the laws of California. The arbitrator's award is final and binding on both parties and may be entered as a judgment in any court of competent jurisdiction.

Notice of Arbitration. Before initiating arbitration under this § 7.1, the demanding Party shall send a written Notice of Arbitration to the other Party (through the Platform messaging system, by registered mail to the other Party's Account address of record, or by email to the other Party's Account email of record) and a copy to disputes@setvenue.com, identifying the Booking ID, the claim, the relief sought, and the Party's intent to arbitrate. Arbitration may not be commenced under this § 7.1 until thirty (30) calendar days after delivery of the Notice of Arbitration. The Notice-of-Arbitration period does toll the contractual limitations period in Terms of Service § 19.7 for the Booking that is the subject of the Notice.

Chain-of-incorporation. Each Host and each Guest, upon (a) acceptance of the SetVenue Terms of Service, (b) acceptance of the Property Owner Agreement (Hosts) or the Guest Agreement (Guests), and (c) confirmation of a Booking, separately and independently agrees to this § 7.1 Host-Guest arbitration provision. SetVenue is not a party to Host-Guest arbitration. The arbitration agreement between a Host and a Guest is formed when both parties have accepted the documents in (a) and (b) and confirmed the Booking that gives rise to the dispute. Each party's separate acceptance of the same incorporation-by-reference clause is sufficient to form a binding arbitration agreement between Host and Guest under the Federal Arbitration Act § 2 (9 U.S.C. § 2) (see Allied-Bruce Terminix Cos. v. Dobson, 513 U.S. 265, 273-77 (1995) (broad FAA reach "involving commerce"); Howsam v. Dean Witter Reynolds, Inc., 537 U.S. 79, 83-85 (2002) (gateway issues); V5 Drafting Commentary, DR § 7.1; V5 Arbitration Enforceability Landscape Deep-Dive § D).

The arbitration agreement in this §7.1 is between the Host and the Guest — SetVenue is not a party to Host-Guest arbitration. Terms §19 separately governs arbitration between a User and SetVenue.

Sexual-assault and sexual-harassment carve-out (EFAA). No provision of this § 7.1 requires arbitration of any claim alleging conduct constituting a "sexual assault dispute" or a "sexual harassment dispute," as those terms are defined in 9 U.S.C. §§ 401-402. The alleged-victim Party (i.e., the Party alleging the sexual-assault or sexual-harassment claim) may, at that Party's election, pursue any such claim in court rather than arbitration; the class-action waiver in this § 7.1 likewise does not apply to such claims. The applicability of 9 U.S.C. §§ 401-402 to any specific claim shall be determined by a court of competent jurisdiction, not by the arbitrator, per 9 U.S.C. § 402(b).

Statutory rights reservation. Nothing in this § 7.1 waives, limits, or precludes any non-waivable right or remedy under the California Consumers Legal Remedies Act, Unfair Competition Law, False Advertising Law, Unruh Civil Rights Act, Song-Beverly Credit Card Act, or any other law that may not be waived under California Civil Code § 1751 or otherwise as a matter of public policy.

McGill carve-out. Notwithstanding any other provision of this § 7.1, the Parties retain the right to seek public injunctive relief as defined in McGill v. Citibank, N.A., 2 Cal. 5th 945, 961-66 (2017); any such claim for public injunctive relief may be brought in arbitration on an individual basis. Enforceability and severance mechanics for this McGill carve-out are governed by § 7.4 (severability of arbitration provisions) and, in the case of a User-vs-SetVenue claim, by Terms of Service § 19.11.

Provisional remedies in aid of arbitration. Notwithstanding the foregoing, either Party may seek provisional or interim relief (including a temporary restraining order, preliminary injunction, or writ of attachment) in a court of competent jurisdiction in Los Angeles County, California, in aid of arbitration and without waiving its right to arbitrate, pursuant to Cal. Civ. Proc. § 1281.8(b).

Armendariz factors (Armendariz v. Foundation Health Psychcare Services, 24 Cal. 4th 83 (2000)). The arbitrator shall be neutral and selected from the administering institution's panel under the applicable JAMS rule set identified above (Streamlined, Comprehensive, or Consumer Arbitration Minimum Standards, as the case may be), which shall include a strike-list procedure giving each Party at least one strike from the proposed panel. The arbitrator shall have authority to grant any remedy or relief that would be available in the courts of California, including statutory damages and punitive damages where authorized by statute. The arbitrator shall issue a written award setting forth the essential findings and conclusions on which the award is based. The Parties shall be entitled to reasonable discovery sufficient to vindicate their statutory and contractual rights. The Party initiating arbitration shall pay no more in arbitration filing, administrative, and arbitrator fees than the Party would have paid in filing fees in the courts of California; any excess is borne by the responding Party. Notwithstanding the foregoing, where the JAMS Consumer Arbitration Minimum Standards apply, the business-Party — typically the Host where the Host operates the Listing as a commercial enterprise — shall bear all costs of arbitration above the consumer-Party's permitted contribution under those Standards. Where the Host is a non-commercial individual hosting a single property and JAMS does not designate one Party as the business-Party, the Parties shall share fees per the JAMS administrator's allocation, subject in all cases to the Armendariz cost-cap above.

No repeat-player arbitrator concentration. No arbitrator shall be selected who has, within the prior three (3) years, served as an arbitrator in more than five (5) arbitrations administered by the same administering institution involving SetVenue, the specific Host, or the specific Guest as a Party, unless all Parties specifically consent to that arbitrator's appointment.

Documents-only arbitration for small claims. Any claim where the amount in controversy is less than ten thousand US dollars (US$10,000) will be resolved through documents-only arbitration unless either Party requests a telephonic or in-person hearing in writing within 30 days of the arbitration demand.

Confidentiality. The arbitration, including the existence of the proceeding, all evidence, the arbitrator's award, and all related correspondence, is confidential between the Parties, except (a) where disclosure is required to enforce or vacate an award, (b) where required by law, court order, or subpoena, (c) where required to protect a legal right, (d) where required to comply with a regulator's investigation, or (e) where the same Party (or counsel) has been a Party (or has represented a Party) in three (3) or more prior arbitrations under this Policy involving substantially similar facts, the prior arbitration awards (with identifying information of the counter-Party redacted) shall be available to the current Party upon request to JAMS. This confidentiality does not restrict disclosure to a Party's counsel, accountants, insurers, or other professional advisors bound by confidentiality. Confidentiality of arbitration awards does not preclude any Party from disclosing the existence of a dispute or an arbitration outcome to the extent necessary to (i) enforce the award, (ii) defend against a substantially similar claim, or (iii) comply with applicable law or regulatory inquiry. Cf. Ting v. AT&T, 319 F.3d 1126, 1151-52 (9th Cir. 2003).

Small-Claims-Court Option. Notwithstanding the agreement to arbitrate in this § 7.1, either Party may bring an individual action against the other Party in small-claims court of competent jurisdiction in Los Angeles County, California, where the amount in controversy is within the small-claims-court jurisdictional limits and the action is not consolidated with any class or representative proceeding. A Party's election to pursue a small-claims-court action does not waive that Party's right to invoke the arbitration agreement for any other claim.

Class-Action Waiver. HOST AND GUEST AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate more than one person's claims and may not preside over any form of class proceeding. This class-action waiver is a fundamental part of this arbitration agreement; if the waiver is held invalid or unenforceable in any case, the entire arbitration agreement is unenforceable as to that case only, and the parties will litigate that case in court (with the rest of this Dispute Resolution Policy remaining in effect for all other cases). Cf. AT&T Mobility LLC v. Concepcion, 563 U.S. 333 (2011); Epic Systems Corp. v. Lewis, 138 S. Ct. 1612 (2018). The class-action waiver does not apply to (i) any claim that the alleged-victim Party elects to pursue in court under the EFAA carve-out above, (ii) a claim for public injunctive relief under the McGill carve-out above, or (iii) any representative claim that, under applicable California law, may not be waived as a pre-dispute matter (including but not limited to claims protected by Cal. Civ. Code § 1751 or by non-waivable public policy); severance mechanics for all such carve-outs are governed by § 7.4.

30-Day Opt-Out from Arbitration. Either Host or Guest may opt out of the arbitration agreement in this § 7 by sending written notice of opt-out to arbitration-optout@setvenue.com (or, by mail, to Set Venue LLC, 6927 Willis Ave, Van Nuys, CA 91405) within thirty (30) days of the Booking-confirmation date (the "Opt-Out Deadline"). To be effective, the notice must identify the Booking ID, the opting-out party's full name and Account email, and an unambiguous statement that the party wishes to opt out of arbitration. A timely opt-out preserves the right to bring any claim arising out of or related to the Booking in a court of competent jurisdiction in Los Angeles County, California. Opting out does not affect any other provision of this Dispute Resolution Policy. Cf. Schnabel v. Trilegiant Corp., 697 F.3d 110, 121 (2d Cir. 2012); Mohamed v. Uber Technologies, Inc., 848 F.3d 1201 (9th Cir. 2016).

Mass-arbitration bellwether protocol. The mass-arbitration bellwether protocol described in Terms of Service § 19.8 applies to Host-vs-Guest disputes arising in or aggregated to 25 or more substantially similar arbitration demands; that protocol is incorporated by reference into this § 7.1 mutatis mutandis and applies where 25 or more substantially similar demands are filed against a common Party under this § 7.1 within a 60-day window.

Gateway delegation. Except as expressly carved out herein — specifically, (i) the EFAA applicability question, which is reserved to a court of competent jurisdiction under 9 U.S.C. § 402(b), and (ii) the court-determined enforceability of the class-action waiver as set out in this § 7.1 — all questions of arbitrability, including questions of formation, scope, validity, enforceability, and waiver of this § 7, are delegated to the arbitrator for resolution, consistent with JAMS Comprehensive Rule 11(b) and Henry Schein, Inc. v. Archer & White Sales, Inc., 586 U.S. 63 (2019).

FAA preemption. This § 7 evidences a transaction involving interstate commerce and is governed by the Federal Arbitration Act, 9 U.S.C. § 1 et seq., except as expressly carved out herein. Nothing in this § 7 shall deprive any California resident of the protection of any unwaivable provision of California law (Cal. Civ. Code § 1646.5).

Attorneys' fees — mutual. The arbitrator may award the prevailing Party its reasonable attorneys' fees and costs in accordance with applicable law and the JAMS administrator's allocation. In any case where a statute makes such an award one-way (for example, where the Consumers Legal Remedies Act, Cal. Civ. Code § 1780(e), authorizes plaintiff fees only), the statutory framework controls and is not displaced by this provision. This § 7 does not contain a one-way attorney-fee clause, and Cal. Civ. Code § 1717 mutuality therefore has no contractual one-way clause to operate on.

Class-waiver and arbitration severance. Severance mechanics for the class-action waiver, the McGill public-injunctive-relief reservation, and any other provision of this § 7 are governed by the unified rule in § 7.4 (which mirrors Terms of Service § 19.11 as applied to Host-Guest arbitration).

§7.2 Court

For disputes that do not proceed to arbitration — including disputes within the carve-outs in § 7.1 (small claims, sexual-assault/harassment, McGill public injunctive relief, statutory rights), disputes where a Party has timely opted out of arbitration under the 30-Day Opt-Out provision of § 7.1, or disputes where neither Party has agreed to arbitrate — the Parties consent to the exclusive jurisdiction of the state and federal courts located in Los Angeles County, California, and waive any objection based on inconvenient forum. Nothing in this § 7.2 deprives any California resident of the protection of any unwaivable provision of California law.

§7.3 SetVenue's Role in Arbitration and Litigation

SetVenue is not a party to arbitration or litigation between a Host and a Guest. Where required by subpoena, court order, or a valid arbitrator's production request, SetVenue may produce records from its Platform, including:

• Booking confirmation records;
• Platform message logs;
• Damage Charge audit log entries (Terms §9.8);
• Payment transaction records from Stripe.

SetVenue will not produce records beyond what is required by valid legal process and will assert applicable objections under applicable law. The cost of records production may be allocated to the requesting party under applicable arbitration rules. SetVenue's production of records does not waive any privilege, defense, or immunity available to SetVenue or any Party.

§7.4 Severability of Arbitration Provisions — Unified Rule for Host-Guest Arbitration

This § 7.4 mirrors and incorporates the unified severability framework in Terms of Service § 19.11 as applied to Host-Guest arbitration.

Sub-Rule (a): Sub-Clause Independence. Each provision of this § 7 (including each carve-out, the class-action waiver, the McGill public-injunctive-relief reservation, the time limit, the fee allocation, the Armendariz-factor provisions, the no-repeat-player-arbitrator rule, the documents-only-arbitration threshold, and the confidentiality provision) is independent of every other. The enforceability of any single provision is not a condition of the enforceability of any other provision.

Sub-Rule (b): Class-Waiver and Public-Injunctive-Relief Severance. If the class-action waiver is found unenforceable as to a specific claim, only that specific claim shall be severed from arbitration and shall proceed in the courts identified in § 7.2; the remainder of § 7 — including arbitration of all other claims by the same or other Parties — remains in full force and effect. Similarly, if a court of competent jurisdiction finds the prohibition on public injunctive relief in arbitration to be unenforceable as to a specific McGill claim, only that specific claim shall be severed from arbitration; the remainder of § 7 remains in full force and effect.

Sub-Rule (c): Consumer-Protective Rationale. The Parties acknowledge that the severability and severance mechanisms in this § 7.4 are designed to preserve the User's substantive rights in three ways: (1) by ensuring that the failure of any single provision does not invalidate the entire arbitration agreement and force the User into an unfavorable forum; (2) by ensuring that public-injunctive-relief claims under McGill may always be heard in a court of competent jurisdiction if they cannot be heard in arbitration; and (3) by ensuring that the User retains all non-waivable statutory rights. This structure follows the framework approved in Mejia v. DACM Inc., 54 Cal. App. 5th 691, 705-08 (2020) (severability discussion).

Sub-Rule (d): No-Cascade Rule. A finding that one provision of this § 7 is unenforceable shall not, by itself, trigger any inference that any other provision is unenforceable. Each provision rises or falls on its own merits.

§8 SetVenue's Role Limitations — Consolidated Statement

This section restates and consolidates SetVenue's role limitations as they apply specifically to dispute resolution. These limitations reflect the fundamental character of SetVenue as a marketplace facilitator, not a decision-making authority. They are not negotiable by Host or Guest and may not be waived by side agreement, custom Listing terms, or any Booking confirmation.

SetVenue is not an arbitrator. SetVenue's advisory recommendations are not arbitration awards. SetVenue does not hold any license or certification as a neutral arbitrator under JAMS, AAA, or any other ADR body's rules.

SetVenue is not a mediator. SetVenue's facilitation process is informal and non-binding. It is not "mediation" within the meaning of any state mediation confidentiality statute or privilege rule unless and until the parties separately invoke that designation under §4.5.

SetVenue is not an insurer. SetVenue does not insure Hosts against damage, theft, or loss caused by Guests. SetVenue does not insure Guests against property misrepresentation, access failures, or losses caused by Hosts. The Damage Hold workflow is an operational facilitation tool, not an insurance or indemnity product.

SetVenue is not a guarantor. SetVenue does not guarantee that any Host or Guest will recover any amount in connection with any dispute. The availability of a facilitation process does not imply that SetVenue will make any party whole.

SetVenue is not a party to the Booking. The contract for use of a property is between the Host and the Guest. SetVenue connects them and facilitates the workflow. SetVenue did not create the property's condition, negotiate the Host Rules, supervise the production, or control either party's conduct.

SetVenue is not liable for the underlying dispute. SetVenue's liability to any User arising from or related to a dispute, a facilitation outcome, or a chargeback proceeding is governed and strictly capped by the Terms at §17. Any claim by a User that SetVenue's advisory recommendation was wrong, biased, or delayed is itself subject to the User-SetVenue dispute resolution process in the Terms at §19.

No duty of care. SetVenue's operation of the facilitation process does not create a duty of care to either Party. SetVenue's discretionary moderation, facilitation, and enforcement actions in any specific case do not create a duty to act, investigate, or remediate in any other case.

§9 Timelines Summary

Important — statute of limitations. SetVenue facilitation does not toll any applicable statute of limitations for the underlying breach-of-contract, property-damage, personal-injury, or other claim. If a Party's claim is subject to a short limitations period (including any contractually shortened period under Terms of Service § 19.7, subject to its statutory carve-outs), that Party may need to file a protective arbitration demand or court action while facilitation is ongoing. Statutory pre-suit-notice periods (including CLRA § 1782) run concurrently with the Step 1 direct-communication period to the extent permitted by law. Failure to file protectively is the Party's risk, not SetVenue's.

§10 Modifications and Contact

SetVenue may modify this Dispute Resolution Policy at any time in accordance with §20 of the Terms. Material changes will be communicated with at least thirty (30) days' advance notice through the Platform or email. The version of this Policy in effect at the time a dispute is formally submitted to SetVenue governs that dispute.

To submit a facilitation request or ask questions about this Policy:

• Disputes portal: Account dashboard → Disputes
• Disputes email: disputes@setvenue.com
• Arbitration opt-out email (30-day window): arbitration-optout@setvenue.com
• General support: support@setvenue.com
• Mailing address: Set Venue LLC, 6927 Willis Ave, Van Nuys, CA 91405

V7.3.2 Audit-Fix Pass (2026-05-26) Summary (informational, not contractual)

Audit-fix-pass enhancements (over v5.1-FINAL / V7.3):

1. § 7.1 operative class-action waiver recital added (F1.1 BLOCKER) — the prior version referenced the waiver in four places without reciting it, leaving § 7.4(b) severability-of-nothing. The recital now appears in capitalized operative text with Concepcion and Epic Systems citation support.
2. § 7.1 30-Day Opt-Out from Arbitration added (F1.2 BLOCKER) — new arbitration-optout@setvenue.com mailbox routes opt-out notices; preserves court access in Los Angeles County; Schnabel / Mohamed citation support.
3. § 7.1 JAMS rule-set selection clarified (F1.3 + F1.4 HIGH) — Streamlined Rules at-or-below US$250,000; Comprehensive Rules above US$250,000; documents-only protocol below US$10,000; in all cases subject to JAMS Consumer Arbitration Minimum Standards when consumer-clause applicability arises.
4. § 7.1 Armendariz fee-cap harmonized with JAMS Consumer Minimum Standards (F2.2 HIGH) — business-Party bears costs above consumer cap when CAMS applies; non-commercial Host fee-share follows JAMS administrator allocation, subject to overall cost cap.
5. § 7.1 mass-arbitration bellwether incorporated by reference from ToS § 19.8 (F2.6 HIGH).
6. § 7.1 confidentiality repeat-player exception added (F2.7 HIGH) — disclosure permitted to enforce award, defend substantially similar claim, comply with law/regulator; prior-awards-on-request for 3+ repeat-arbitration scenarios; Ting v. AT&T citation support.
7. § 7.1 explicit gateway-delegation clause added (F3.15 HIGH) — all gateway questions to arbitrator under JAMS Comprehensive Rule 11(b) except EFAA applicability (court) and court-determined enforceability of class waiver; Henry Schein citation support.
8. § 7.1 FAA preemption recital added (F3.1 MED) — express recital rather than relying solely on ToS § 19.5 incorporation; Cal. Civ. Code § 1646.5 non-derogation preserved.
9. § 7.1 attorneys' fees — mutual clause added (F2.8 MED) — explicitly mutual, statute-controls-where-one-way; no Cal. Civ. Code § 1717 mutuality issue.
10. § 7.2 venue narrowed to Los Angeles County (F2.11 MED) — was "California" without county; aligns with Set Venue LLC address.
11. § 7.1 + § 1 + § 2 "claimant" replaced with "alleged-victim Party" (F1.6 MED) — definitional precision.
12. § 4.3 advisory-recommendation acceptance phrasing tightened (F1.11 MED) — was "Acceptance by one party does not bind the other"; now expresses independent acceptance + estoppel non-creation.
13. § 4.5 opt-in mediation language softened to "analogous mediation-confidentiality statute" (F1.10 MED) — handles non-CA contemporaneous-written-designation regimes.
14. § 4.4 facilitation-triggered funds-freeze extension added (F1.7 MED — RESOLVED in Sage-confirm pass 2026-05-26) — 30-calendar-day default freeze extended up to 65 calendar days when Step 2 facilitation is formally invoked under § 4.1; auto-Releases back to 30-day timeline if facilitation closes earlier; explicit statement that funds-freeze end does not affect Step 5 rights preserved. CAUTION block above the operative § 4.4 language flags the resolution for Sage confirmation.
15. § 7.4(c) Mejia pin-cite expanded to 705-08 (F1.14 LOW).
16. § 7.1 FAA § 2 expanded to Federal Arbitration Act § 2 (9 U.S.C. § 2) on first reference (F1.13 LOW).
17. Plain-English Summary updated to recite class-waiver and 30-day opt-out conspicuously (F1.9 MED).
18. § 10 contact list updated to expose arbitration-optout@setvenue.com.

v5 Hardening Summary (informational, not contractual)

Round-5 enhancements (over v4): Inline Bluebook citations at § 4.3 (New York Times v. Sullivan pin cite) and § 7.1 (Allied-Bruce / Howsam pin cites for chain-of-incorporation); V5 Drafting Commentary cross-references; cross-reference to V5 Arbitration Enforceability Landscape Deep-Dive.

Carry-over hardenings (v4 over v3)

1. §1 added sexual-assault/harassment exclusion to "facilitation may not" list (EFAA defense).
2. §2 categories expanded to include recording-disclosure-failure disputes.
3. §2 explicit exclusion of sexual-assault/harassment claims at claimant's election.
4. §3 no-tolling-of-SoL warning at Step 1 (forces protective filing — prevents Brisbane Lodging trap).
5. §4.2 extension limit explicit (14 days base; +30 days max).
6. §4.3 qualified privilege cite to Cal. Civ. Code § 47(c); waiver of trade-libel + intentional-interference; NYT v. Sullivan malice standard.
7. §4.5 explicit no-mediation-privilege + opt-in to formal mediation pathway (Cal. Evid. Code § 1119 designation).
8. §4.6 new — without-prejudice / FRE 408 / Cal. Evid. Code § 1152 settlement-comm labeling.
9. §7.1 chain-of-incorporation recital with Allied-Bruce / Howsam citations.
10. §7.1 EFAA-applicability-by-court (per § 402(b)).
11. §7.1 Armendariz strike-list procedural detail.
12. §7.1 no repeat-player arbitrator concentration.
13. §7.3 record production does not waive privilege/defense/immunity.
14. §7.4 sub-clause severability.
15. §8 no-duty-of-care recital (Barnes v. Yahoo! defense).
16. §9 accept-revocation timeline row.
17. §9 SoL "protective filing is Party's risk" recital.