Effective Date: April 30, 2025
Welcome to CLEAR! These Member Terms (“Terms”) apply when you enroll in, subscribe to, use, or interact with CLEAR’s products and services, including identity verification, fast pass access to services and fraud prevention services, including when you access our services through one of our partners (collectively, “CLEAR Services” or “Services”) and your use of our Member websites, mobile applications, and other related technologies (collectively, the “Sites”). Throughout these Terms, “CLEAR”, “we”, and “us” refer to Clear Secure, Inc., and its corporate subsidiaries and affiliates. In providing the Services, you acknowledge and agree that CLEAR may engage contractors, service providers, or other third parties to perform certain obligations and Services on our behalf. For the purpose of these Terms, CLEAR Mobile, Reserve, and Ambassador Assist shall not be considered part of the Services. When you are receiving services from or transacting with one of our partners, the partner’s terms apply.
By enrolling in, subscribing to, accessing, or using CLEAR’s Services or Sites, you agree to be bound by these Terms, so PLEASE READ THESE TERMS CAREFULLY. These Terms incorporate by reference the provisions set out in our Privacy Policy. If there is a conflict between these Terms and our Privacy Policy, the Privacy Policy controls with respect to the collection, processing, and disclosure of your Personal Data.
ARBITRATION NOTICE. PLEASE READ THESE TERMS CAREFULLY. THEY CONTAIN AN ARBITRATION AGREEMENT, CLASS ACTION WAIVER, AND JURY TRIAL WAIVER THAT AFFECT YOUR RIGHTS. THE ARBITRATION AGREEMENT REQUIRES (WITH LIMITED EXCEPTION) THAT DISPUTES BETWEEN US BE RESOLVED IN BINDING, INDIVIDUAL ARBITRATION AND NOT IN COURT. IN ARBITRATION, THERE IS NO JUDGE OR JURY, AND THERE IS LESS DISCOVERY AND APPELLATE REVIEW THAN IN COURT.
If you wish to go directly to a specific section of these Terms, please click below:
When you use, subscribe to or enroll in our Services and accept these Terms, you will become a “Member” of CLEAR. You may enroll either via the Sites, in person at a CLEAR enrollment location, or by enrolling to use the Services through one of our partners. To use some of our Services, you may be required to perform additional verification, or provide additional information or data, such as by linking your CLEAR account to your account with one of our partners or providing additional background information. Not all Services are available in all jurisdictions. Some of our Services are free for you to use, but other Services require you to pay a fee to use them. If you attempt to enroll in a paid Service but are not approved for any reason, we will refund any Fees that you have already paid to us.
When you use one of our Services that we provide to our partners, you will be asked to accept these Terms and create a CLEAR account, at which time you will become a Member. When you join CLEAR in this context, you may not have access to certain of our paid Services, unless you separately elect to enroll in them and pay any applicable Fees. However, you will receive benefits from your CLEAR Membership, including streamlined access to products and services you receive from the partner through which you became a Member and other partners in the CLEAR network.
Some of our Services are free for you to use, but other Services require you or someone else (such as a family member or airline loyalty program) to pay a fee to use them. Your CLEAR Membership begins as soon as you accept these Terms, but certain Services may require that you complete additional enrollment steps, including in person verification as applicable. Charges for paid Services will begin once you sign up and your payment is authorized, regardless of whether or not you have fully completed the enrollment verification process.
For free Memberships, your Membership period continues unless and until you or we terminate it in accordance with these Terms. For paid Memberships, your Membership period will continue for the period specified when you sign up and will continue to renew for the period specified when you enroll or renew in the future. If you do not renew your paid Membership or provide us with notice of non-renewal, you will remain a CLEAR Member and continue to have access to free CLEAR Services until you or we terminate your access to and use of free Services.
Certain Services may be eligible for you to participate in a Family Membership, which may be available to you and a set number of your family Members (as determined by CLEAR and described at the time you subscribe) who are at least 18 years old, reside with you, and complete their own enrollment and verification, including accepting these Terms and our Privacy Policy. The Member who adds their family will be considered the Primary Member and controls all renewals and cancelations for their participating family, but any family Member may update payment information. If the Primary Member terminates payment, the entire family’s access to paid Services will be terminated, but each family Member will retain their CLEAR account and Membership and access to our free Services unless you or they request to terminate all access to and use of free Services. Family Plan fees will be prorated for the term of the Membership if a Primary Member elects to participate in the CLEAR Family Plan during that Membership term. If a family Member no longer resides at the same address as the Primary Member, they no longer will be eligible to participate in the Family Membership and will have to pay as an individual Member before regaining access to paid Services.
If you are employed by an organization through which we offer a corporate rate plan, you may be able to receive a discounted rate for paid Services as long as you are employed by that organization. If you leave your employment, you no longer will qualify for any associated discounts as of the date your employment ends, and you will lose your right to continue using the paid Services. However, you will continue to be eligible for free Membership Services or choose to subscribe to paid Services as an individual Member or part of a Family Membership, as applicable, unless you request to terminate access to and use of all CLEAR Services.
If you choose to subscribe to CLEAR’s paid Services, you agree to pay all fees described when you sign up, including any fees for a Family Membership when you are the Primary Member, including any applicable taxes (collectively, the “Fees”). By providing your payment information, enrolling in and subscribing to our paid Services, you agree and authorize us to bill the Fees to that payment method or, if there are insufficient funds associated with that payment method, to provide us with an additional payment method to which we can bill your Fees. We may obtain automatic updates for any expiring credit cards you have provided. If you fail to provide a valid payment method, or if we cannot process a payment due to insufficient funds or any other reason, we may suspend or terminate your access to any paid Services until you pay any outstanding Fees. You agree that we may increase the Fees for any paid Services upon providing you sufficient notice of the new Fees and the option to cancel your paid Membership, and if you do not cancel, the new Fees will take effect the next time your paid Services term renews. You agree that we may charge your payment method and renew your Membership on the renewal date specified when you enroll. You may cancel your paid Membership at any time through one of the methods described in Section 4 below, but you will continue to receive access to free Services unless you request that we delete your Membership account and choose not to receive access to free Services.
You represent, covenant, and warrant that: (1) these Terms have been executed and delivered by you and form a valid and binding agreement, enforceable against you in accordance with their terms; (2) you will not use the Services except as expressly permitted by these Terms and in accordance with applicable laws, rules, and regulations (collectively, “Applicable Law”); (3) you will use the Services only on your own behalf and will not use the Services for any commercial purpose except as specifically and expressly authorized in these Terms; (4) you are not currently, nor have you ever previously been, prohibited by any local, national, international, or foreign government or governmental agency from being a Member or using the Services; (5) all of the information, data, and other materials you provide in connection with or support of your enrollment in and use of the Services is complete, accurate, and truthful in all respects, and you will notify CLEAR immediately if any of this information, data, or other material changes; (6) you will notify CLEAR immediately of (a) any unauthorized use of the Services by yourself or a third party; (b) a change in your family status that impacts your Family Membership; or (c) a change in your employment status that impacts your eligibility for a discounted Service plan; and (7) as between you and CLEAR, CLEAR owns all rights, title, and interest in and to the Services and Memberships, including any derivative works and any intellectual property or other proprietary rights related to the foregoing, and that nothing in these Terms grants any license to you or other Members under any CLEAR intellectual property.
EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THESE TERMS, AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, CLEAR MAKES NO REPRESENTATIONS, COVENANTS, OR WARRANTIES AND OFFERS NO OTHER CONDITIONS, EXPRESS OR IMPLIED, REGARDING ANY MATTER, INCLUDING (1) THE MERCHANTABILITY, SUITABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, NON-INFRINGEMENT, OR RESULTS TO BE DERIVED FROM THE MEMBERSHIP OR USE OF THE SERVICES OR ANY SERVICE, HARDWARE, SOFTWARE, DELIVERABLES, WORK PRODUCT, OR OTHER MATERIALS RELATED TO THE MEMBERSHIP OR SERVICES; OR (2) WHETHER ANY AIRPORT AUTHORITY, PARTNER, OR ANY OTHER VENUE WILL ACCEPT OR OTHERWISE HONOR THE SERVICES.
You may cancel your subscription and access to our paid Services at any time from within your CLEAR account or by contacting our customer service group at Memberservices@clearme.com or +1.855.253.2763. If you cancel your access to paid Services within the first sixty (60) days of the date you were charged for your current paid Services access, you will receive a full refund of Fees for that term and will no longer be permitted to use our paid Services as of your date of cancellation, but you will continue to receive access to free Services unless you request that we terminate your access to free Services. If you cancel your access to paid Services more than sixty (60) days from the date on which you were charged, you will retain access to paid Services through the expiration date of the then-current term of your paid Membership, but but you can continue to use our free Services after your term expires, unless you request deletion of your account as set forth below. Please note that if you cancel your paid Membership, any promotional terms will be voided / will not apply to you if you later renew your paid Membership.
You may cancel your paid Membership, request to delete your account and stop receiving access to our free Services by emailing your request to Memberservices@clearme.com or by contacting CLEAR’s customer service group at +1.855.253.2763 or through our chat function.
We reserve the right to retain any Personal Data associated with you, your Membership, and your use of our Services in accordance with our Privacy Policy even after termination or cancellation, subject to your ability to exercise your Privacy Rights as set out in our Privacy Policy.
CLEAR may cancel, terminate, or take other action restricting your Membership or access to our paid or free Services as follows:
CLEAR’s setting out in this section the conditions for termination do not mean that these are the only actions we may take if you violate any of the provisions in these Terms. CLEAR retains the right to take appropriate action to prevent you from committing fraud against us or our partners or otherwise to disrupt our ability to provide the Services to our Members and partners.
Notwithstanding the termination of your Membership or access to any of our Services, the following sections of the Terms shall survive any such termination: Sections 2 (to the extent any Fees remain due and payable), 3.2, 4, 5, 7, 8, and 9. Upon the termination of your Membership, all rights and obligations of you and CLEAR under these Terms shall expire, except those specifically designated in this Section 4.5.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE LIABILITY TO YOU OF CLEAR, OR THEIR RESPECTIVE CONTRACTORS OR CURRENT, FUTURE OR FORMER OFFICERS, DIRECTORS, EQUITY OR UNIT HOLDERS, EMPLOYEES, AGENTS, SUCCESSORS OR ASSIGNS (COLLECTIVELY, THE “CLEAR GROUP”), ARISING OUT OF OR RESULTING FROM THE PERFORMANCE OR NON-PERFORMANCE BY THE CLEAR GROUP OF THE SERVICES AND ITS OBLIGATIONS UNDER THESE TERMS SHALL BE LIMITED TO ACTUAL, DIRECT DAMAGES INCURRED BY YOU FOR EACH EVENT THAT IS THE SUBJECT MATTER OF A CLAIM OR CAUSE OF ACTION. IN SUCH AN EVENT, THE AGGREGATE LIABILITY OF THE CLEAR GROUP FOR DIRECT DAMAGES FOR ALL SUCH CLAIMS SHALL NOT EXCEED THE GREATER OF (1) THE AMOUNT PAID BY YOU TO CLEAR DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING SUCH CLAIM AND (2) ONE HUNDRED U.S. DOLLARS ($100). THE CLEAR GROUP SHALL NOT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN ANY EVENT, BE LIABLE FOR DAMAGES THAT CONSTITUTE (1) LOSS OF INTEREST, PROFIT OR REVENUE OF THE CLAIMING PARTY, OR (2) INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY, MULTIPLE OR INDIRECT DAMAGES SUFFERED BY THE CLAIMING PARTY, EVEN IF ANY MEMBER OF THE CLEAR GROUP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES.
IF YOU ARE A USER FROM NEW JERSEY, THE FOREGOING SECTIONS TITLED “BY CLEAR (DISCLAIMER)” AND “LIMITATION OF LIABILITY”, AND THE BELOW SECTION
“INDEMNITIES” ARE INTENDED TO BE ONLY AS BROAD AS IS PERMITTED UNDER THE LAWS OF THE STATE OF NEW JERSEY. IF ANY PORTION OF THESE SECTIONS IS HELD TO BE INVALID UNDER THE LAWS OF THE STATE OF NEW JERSEY, THE INVALIDITY OF SUCH PORTION SHALL NOT AFFECT THE VALIDITY OF THE REMAINING PORTIONS OF THE APPLICABLE SECTIONS.
At its option, any Member of the CLEAR Group may seek all remedies available to it under law and in equity, including injunctive relief in the form of specific performance to enforce these Terms and actions for damages.
You agree to indemnify and hold harmless the CLEAR Group from and against any and all fines, penalties, liabilities, losses and other damages of any kind whatsoever (including attorneys’ and experts’ fees), incurred by any of the Members of the CLEAR Group, and shall defend the CLEAR Group against (1) all claims that any information, data or other materials provided to us by you, or use thereof by any Member of the CLEAR Group, infringes, misappropriates or otherwise breaches any intellectual property right, privacy right or other legal right of a third party; (2) all claims arising from fraud committed by, or the intentional misconduct or gross negligence of yourself or any family Members; and (3) all claims otherwise arising due to a failure to comply or breach by you of these Terms. If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” If you are a resident of another jurisdiction, you waive any comparable statute or doctrine.
PLEASE READ THIS SECTION CAREFULLY, AS IT EFFECTS YOUR RIGHTS
This Dispute Resolution by Binding Arbitration section, Section 5.4, is referred to in these Terms as the “Arbitration Agreement.” For purposes of this Dispute Resolution by Binding Arbitration section, “CLEAR” refers to the “CLEAR Group” as defined above and “Dispute” refers to any issue or dispute between yourself and us arising out of or relating to these Terms (including any alleged breach thereof), any advertising, or any aspect of the relationship, interactions, or transactions. “Dispute” shall be interpreted broadly. You and we agree that any and all Disputes that are not resolved through the informal dispute resolution process set forth below shall be resolved exclusively through final and binding arbitration, rather than a court. Such Disputes shall be resolved in accordance with the terms of this Arbitration Agreement, except that you or we may (1) elect to have individual claims heard in small claims court, if the claims qualify and so long as the matter remains in that court and is not removed or appealed to a court of general jurisdiction, (2) bring suit in court to enjoin infringement or other misuse of intellectual property rights, and (3) bring a claim to exercise any and all rights arising from national consumer protection laws, if such laws guarantee the right to do so. Further, this Arbitration Agreement does not preclude you or us from bringing issues to the attention of federal, state, or local agencies, and such agencies can, if the law allows, seek relief against us on your behalf. You agree that, by entering into these Terms, you and CLEAR are each waiving the right to a trial by jury to the fullest extent permitted by law and to bring and participate in a class action (except as to a class settlement). Any Dispute will be resolved by a single neutral arbitrator, except as set forth in Section 5.4.4. These Terms constitute a transaction in interstate commerce and the Federal Arbitration Act (“FAA”) governs the interpretation and enforcement of this Arbitration Agreement.
YOU AND WE AGREE THAT, EXCEPT AS SET OUT IN SECTION 5.4.7 BELOW, EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING IN LITIGATION OR ARBITRATION. UNLESS BOTH YOU AND CLEAR AGREE OTHERWISE IN WRITING, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS (EXCEPT AS SET OUT IN SECTION 5.4.7 BELOW) AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S). IF A COURT DETERMINES THAT A CLAIM OR REQUEST FOR RELIEF (SUCH AS A “PUBLIC INJUNCTION”) MAY NOT BE WAIVED AND ALL APPEALS FROM THAT DECISION HAVE BEEN EXHAUSTED (OR IT IS OTHERWISE FINAL), THEN YOU AND WE AGREE THAT SUCH A CLAIM OR REQUEST FOR RELIEF SHALL BE STAYED PENDING ARBITRATION OF THE REMAINING CLAIMS AND REQUESTS FOR RELIEF.
CLEAR is always interested in resolving disputes amicably and efficiently, and most customer concerns can be resolved quickly and to the customer’s satisfaction by emailing customer support at Memberservices@clearme.com.
If such efforts prove unsuccessful, a party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute (“Arbitration Notice”). The Arbitration Notice to CLEAR must be sent to CLEAR at 85 10th Avenue, 9th Floor, New York, New York 10011, Attn: Legal (“Arbitration Notice Address”) and be personally signed by you (and your counsel if you are represented). The Arbitration Notice to you will be sent to the information we have on file for you and be personally signed by a CLEAR representative (and our counsel if we are represented). The Arbitration Notice must include all of the following information: (1) a detailed description of the nature and basis of the Dispute, the claims, and the relief sought, with a calculation for it and (2) the party’s name, contact information, and information sufficient for the parties to identify any relevant account.
You and we agree to engage in good faith discussions for sixty (60) days after receipt of a fully completed Arbitration Notice. As part of this process, if the party receiving the Arbitration Notice requests it, you and we agree to personally participate in an individualized telephone settlement conference (if you and we are represented, counsel may also participate).
If the Dispute is not resolved within sixty (60) days after receipt of the Arbitration Notice (or a longer period if the parties agree to it), you or CLEAR may then proceed with arbitration. This process is a condition precedent to initiating arbitration. If the sufficiency of an Arbitration Notice or compliance with this process is at issue, it may be decided by a court at either party’s election, and any proceeding will be stayed pending resolution of that issue. A court shall have authority to enforce this provision, which includes the power to enjoin the filing or prosecution of a demand for arbitration. A party may also seek relief for non-compliance in arbitration.
Any applicable statute of limitations shall be tolled while the parties engage in this process.
If the parties are unable to resolve the Dispute through the mandatory informal dispute resolution process set forth above, either party may initiate an arbitration proceeding by sending an arbitration demand to the American Arbitration Association’s (“AAA”) (or if CLEAR elects, to JAMS, as set forth below).
Arbitration will be conducted by a single neutral arbitrator in accordance with the AAA applicable rules and procedures, including the AAA’s Consumer Arbitration Rules (collectively, the “AAA Rules”), as modified by this Arbitration Agreement. For information on the AAA, including the AAA Rules, please visit www.adr.org. If the AAA is unavailable or unwilling to administer the arbitration consistent with this Arbitration Agreement, the parties will work together in good faith to agree on an administrator that will do so. If the parties cannot agree, they will jointly petition a court to appoint an administrator that will do so. CLEAR may also choose to conduct the arbitration before a three-Member panel of neutral arbitrators with CLEAR bearing all costs of arbitration and in accordance with the JAMS Comprehensive Arbitration Rules & Procedures (collectively, the “JAMS Rules”), as modified by this Arbitration Agreement. For information on JAMS, including the JAMS Rules, please visit its website, www.jamsadr.com.
If there is any inconsistency between any term of the AAA Rules or JAMS Rules and any term of this Arbitration Agreement, the applicable terms of this Arbitration Agreement will control unless the arbitrator determines that the application of the inconsistent Arbitration Agreement terms would not result in a fundamentally fair arbitration. The arbitrator must also follow the provisions of these Terms as a court would. Except as otherwise provided herein, all issues are for the arbitrator to decide, including issues relating to scope, enforceability, and arbitrability. The arbitrator can award the same damages and relief on an individual basis that a court can award to an individual under the Terms and applicable law.
If you initiate arbitration, your arbitration demand must be personally signed by you (and your counsel if you are represented) and sent CLEAR at 85 10th Avenue, 9th Floor, New York, New York 10011, Attn: General Counsel. If CLEAR initiates arbitration, the arbitration demand will be personally signed by a CLEAR representative (and counsel if we are represented). We will send the arbitration demand to the contact information we have on file for you. By signing the arbitration demand, you and your counsel (or CLEAR and our counsel) certify to the best of your and their (or our and their) information, knowledge, and belief, formed after a reasonable inquiry that: (1) the arbitration demand is not being presented for any improper purpose, such as to harass, cause unnecessary delay, or needlessly increase the cost of arbitration; (2) the claims and legal contentions are warranted by existing law or by a non-frivolous argument for extending, modifying, or reversing existing law or for establishing new law; and (3) the factual contentions have evidentiary support or, if specifically so identified, will likely have evidentiary support after reasonable opportunity for further investigation or discovery. The arbitrator is authorized to award or impose any relief or sanctions available under Federal Rule of Civil Procedure 11 against all appropriate, represented parties and counsel.
If there is a case management conference, you and we agree to personally participate (with counsel if represented). Unless the parties agree otherwise, any arbitration hearings will take place in a reasonably convenient location for you. If the parties are unable to agree on a location, AAA or JAMS will select one. If your claim is for $10,000 or less, you may choose whether the arbitration will be conducted on the basis of documents, through a telephone or video hearing, or by an in-person hearing. Each party retains the right to request a hearing from the arbitrator. If your claim exceeds $10,000, the right to a hearing will be determined by the AAA Rules or JAMS Rules. You agree to personally appear at any hearing (along with your counsel if you are represented). CLEAR agrees to have a representative appear at any hearing (along with counsel if we are represented). The arbitrator will issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based.
Payment of all filing, administration, and arbitrator fees (collectively, the “Arbitration Fees”) will be governed by the AAA rules or JAMS rules, unless otherwise provided in this Arbitration Agreement. Upon a sufficient showing of economic hardship and compliance with the Arbitration Agreement, CLEAR will reimburse your portion of the Arbitration Fees, unless the arbitrator determines that the claim or proceeding was frivolous or brought for an improper purpose or in bad faith as measured by the standards in Federal Rule of Civil Procedure 11(b). In addition, if you demonstrate to the arbitrator that the costs of arbitration will be prohibitive as compared to the costs of litigation, CLEAR will pay as much of the Arbitration Fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. The parties shall be responsible for their own attorneys’ fees and costs in arbitration, unless they are authorized by law or the arbitrator determines that a claim or proceeding was frivolous or brought for an improper purpose or in bad faith as measured by the standards in Federal Rule of Civil Procedure 11(b). The arbitrator shall apply the cost-shifting provisions of Federal Rule of Civil Procedure 68 after entry of the award.
To the fullest extent permitted by law, all aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all parties, unless the parties otherwise agree. In any event, an arbitrator's ruling shall have no preclusive effect in any proceeding involving a different party.
If 25 or more similar claims are asserted against CLEAR by the same or coordinated counsel or are otherwise coordinated, you understand and agree that these additional procedures apply and the resolution of your Dispute might be delayed. Counsel for the claimants and counsel for CLEAR shall each designate or elect to randomly select 25 cases (per side) to proceed first in individual arbitration proceedings as part of a bellwether process. Each of these 50 cases shall be assigned to a different arbitrator. If fewer than 50 claims are asserted, then they each may proceed. The remaining claims shall not be filed or deemed filed in arbitration nor shall any arbitration fees be assessed until they are selected to proceed to individual arbitration proceedings as part of a staged process.
The arbitrators are encouraged to resolve the cases within 120 days of appointment or as quickly as possible, consistent with fairness to the parties. After the first set of bellwether proceedings is completed, the parties must engage in a single mediation of all remaining claims, and CLEAR will pay the mediation fee. If the parties cannot agree how to resolve the remaining claims after mediation, they will repeat the process of selecting and filing 50 cases to be resolved individually in a set of bellwether proceedings by different arbitrators, followed by mandatory mediation and CLEAR will pay the mediation fee. While this staged process continues, the remaining claims shall not be filed or deemed filed in arbitration nor shall any arbitration fees be assessed until they are selected to proceed.
If any claims remain after the second set of bellwether proceedings, this process set forth above will be repeated until all claims are resolved through subsequent, staged sets of proceedings (which can be modified by agreement of the parties), with four differences: (1) a total of 100 cases may be filed in the third and later stages (which can be increased by agreement of the parties); (2) the cases will be randomly selected or chosen by the administrator; (3) arbitrators who presided over cases in the first two sets of proceedings may be appointed in later stages if different arbitrators are not available; and (4) mediation is optional at the election of counsel for the claimants. While this staged process continues, the remaining claims shall not be filed or deemed filed in arbitration nor shall any arbitration fees be assessed until they are selected to proceed.
Between sets of staged proceedings, the parties are encouraged to meet and confer to discuss resolving or mediating the remaining claims or modifying this process to ensure that arbitration remains efficient and cost-effective. Either party may also negotiate with the AAA regarding the amount or timing of fees.
The statute of limitations and any filing fee deadlines shall be tolled for claims subject to these additional procedures from the time the first cases are selected for a bellwether process until the time your claim is selected to proceed in arbitration, is withdrawn, or is otherwise resolved. A court shall have the authority to enforce this paragraph and, if necessary, to enjoin the mass filing or prosecution of arbitration demands against CLEAR.
If, after exhaustion of all appeals, a court decides that the staging process is unenforceable, then the claims may be filed in arbitration and the payment of arbitration fees will be assessed as the cases advance and arbitrators are appointed instead of when the arbitrations are initiated.
If a court or the arbitrator decides that any term or provision of this Arbitration Agreement (other than the subsection 5.4.2 titled “Prohibition of Class and Representative Actions and Non-Individualized Relief” above) is invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and this Arbitration Agreement shall be enforceable as so modified. If a court decides that any of the provisions of subsection 5.4.2 above titled “Prohibition of Class and Representative Actions and Non-Individualized Relief” are invalid or unenforceable, then the entirety of this Arbitration Agreement shall be null and void, unless such provisions are deemed to be invalid or unenforceable solely with respect to claims or requests for public injunctive relief. The remainder of the Terms will continue to apply.
As referenced above, this Arbitration Agreement shall survive any termination or cancellation of, or your Membership and your relationship with, CLEAR. Any amendments to this dispute resolution provision shall not affect any then active or pending arbitration proceeding. Notwithstanding any provision in these Terms to the contrary, CLEAR agrees that if it makes any future change to this Arbitration Agreement (other than a change to the Arbitration Notice Address) while you are a Member, you may reject any such change by sending CLEAR written notice within 30 calendar days of the change to the Arbitration Notice Address provided above. By rejecting any future change, you are agreeing that you will arbitrate any Dispute between us in accordance with the language of this Arbitration Agreement as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).
As part of your use of CLEAR Services, you consent to the fact that your biometric data, including faceprints, fingerprints, iris scans, and digital images of your fingers, eyes, and face, may be collected, generated, used, disclosed, and stored by us in order to enable your enrollment in and use of CLEAR Services; to detect and prevent fraud, including to confirm you are you when using our Services; verify your identity; operate, improve, and administer our Services; and comply with our obligations under Applicable Law, as explained further in our Privacy Policy. You may choose to have your biometric data or other information deleted upon request at any time by emailing privacy@clearme.com. Additionally, we will remove your biometric data from our database if we are required to do so by Applicable Law. Otherwise, CLEAR will retain your biometric data until the earlier of the following conditions are satisfied:
For additional information about CLEAR's privacy practices, including our collection, use, disclosure, and storage of biometric data, please review our Privacy Policy.
PLEASE READ THIS SECTION CAREFULLY
By electronically indicating your acceptance of these Terms, you voluntarily consent to receive and sign electronically documents presented to you online for signature relating to your Membership with CLEAR, including, but not limited to, notices, disclosures, authorizations, acknowledgements, and delivery receipts related to any of the Services (collectively “Records”) during your Membership with CLEAR. You may withdraw your consent at any time.
To withdraw your consent, you must contact CLEAR Customer Support. However, by withdrawing your consent you may not be able to use certain CLEAR Services that require an e-signature. To withdraw your consent, you should state that you choose to withdraw your consent and do not wish to sign Records electronically. Once we have received your notification, your request to withdraw consent will be effective as soon as reasonably possible. There are no fees associated with the withdrawal of your consent. Withdrawing your consent to e-sign does not revoke prior e-signatures.
Please contact CLEAR Customer Support to obtain paper copies of Records. We do not otherwise provide paper copies of Records unless required by law.
Access to the Records in electronic form for signature is through CLEAR pods and our mobile application, which is available for the compatible iOS and Android smart phones identified in our app store listing. You may need to download and use the most recent version of the application and such updates may not be supported on all devices.
These Terms constitute the entire agreement between you and CLEAR in regard to the Services and your Membership and all matters addressed herein. Any and all prior agreements, letters, proposals, discussions, and other documents regarding the Services, Membership, and other matters addressed herein are superseded by and merged into these Terms. In the event of any conflict between these Terms and any other terms, these Terms control, except as related to the collection, processing, and disclosure of Personal Data, in which case the Privacy Policy controls.
CLEAR will be excused from performance under these Terms for any period we are prevented from or delayed in performing any obligations pursuant to these Terms, in whole or in part, as a result of a Force Majeure Event. For purposes of these Terms, “Force Majeure Event” means an event or series of events caused by or resulting from any of the following: (1) weather conditions or other elements of nature or acts of God; (2) acts of war, acts of terrorism, insurrection, riots, civil disorders or rebellion; (3) quarantines, pandemics, or embargoes, (4) labor strikes; (5) laws or regulation that change the nature of any or all of our Services or Memberships; or (6) other causes beyond the reasonable control of CLEAR, as permitted by Applicable Law.
Except as otherwise provided herein, if any provision of these Terms is held invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not be affected or impaired, and such provision shall be deemed to be restated to reflect your and CLEAR’s original intentions as nearly as possible in accordance with Applicable Law.
Without prejudice to your rights as a consumer, and to the extent permitted by Applicable Law, these Terms will be governed by the Federal Arbitration Act and the laws of the State of New York, without regard to its conflict of law provisions. With respect to any disputes or claims not subject to arbitration or small claims court, as set out above, you and CLEAR agree to submit to the personal and exclusive jurisdiction of the state and federal courts located in New York, New York.
You may not assign these Terms (or any rights, benefits or obligations hereunder) by operation of law or otherwise without our prior written consent, which we may withhold in our sole discretion. Any attempted assignment by you that does not comply with the terms of this section shall be null and void. CLEAR may assign these Terms, in whole or in part, to any third party in its sole discretion by providing notice to you. You retain the right to terminate these Terms at any time prior to the assignment by providing notice to us in accordance with these Terms.
By accepting these Terms, you acknowledge and agree to receive text messages (including SMS and MMS messages) regarding your use of CLEAR, as well as announcements regarding CLEAR policies, Services, and promotions.
You can opt out of receiving text messages from CLEAR by contacting privacy@clearme.com at any time, or by texting "STOP" in response to a text message from CLEAR. After you send the message "STOP" to us, we will send you a text message to confirm that you have been unsubscribed from CLEAR text messages. If you are experiencing issues with the messaging system, you can reply to one of our text messages with the keyword HELP for assistance, or email privacy@clearme.com. The frequency with which CLEAR sends messages may vary. Message and data rates may apply for any messages sent to you from us and to us from you. If you have any questions about your text plan or data plan, please contact your wireless provider. CLEAR is not liable for delayed or undelivered messages.
We may also provide the option for you to request customer service via text messaging. You agree that by initiating communications with us by text message, you consent to and authorize us to provide service to you and/or to respond to your communications by text messaging you, including by using an automatic telephone dialing system.
It is the express wish of the parties that these Term and all related documents be drawn up in English. C'est la volonté expresse des parties que la présente convention ainsi que les documents qui s'y rattachent soient rédigé en anglais.
You authorize your wireless carrier to use or disclose information about your account and your wireless device, if available, to CLEAR or its service provider for the duration of your business relationship, solely to help them identify you or your wireless device and to prevent fraud. See our Privacy Policy for how we treat your data.
You shall be responsible for federal, state, local and foreign taxes imposed on any consideration for any provision of Services (including, without limitation, the Services and Membership) or transfer of property by CLEAR to you.
The titles and names of sections and headings in these Terms are provided for the sake of convenience and shall have no bearing or meaning on their substance or applicability.
All notices from CLEAR to you are considered received and effective when we send them to the email address you gave us when you enrolled or later updated or as otherwise set forth herein (“Notice”). If you change your email, you must notify us by emailing Memberservices@clearme.com or calling +1.855.253.2763.
If you have any questions about these Terms or our Services, please contact us at Memberservices@clearme.com, by phone at +1.855.253.2763, or by mail at:
CLEAR
Attn: Member Services
85 10th Avenue, 9th Floor
New York, NY 10011
United States
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