Green

BACKGROUND

Shipt operates a website and mobile application (app) that allows customers to purchase groceries and household items from local merchants. Once an order is placed, nearby “Shoppers” receive a notification via the Shipt app on their smart phone; they can then choose whether to accept the offer and fulfill the order by purchasing and delivering the items to the customer. To sign up as a Shopper, individuals follow a “click- through” application process on the Shipt website. During this process, prospective Shoppers are asked to sign an “Independent Contractor Agreement” (IC Agreement) and an “Arbitration Agreement.”1 Shoppers must execute and sign both agreements in order to use Shipt services. On October 15, 2018, Green signed both agreements. Between October 15, 2018 and October 1, 2019, Green completed 43 orders during her tenure as a Shopper. These orders were all shopped for and delivered to locations within the state of California. A. The Arbitration Agreement The Arbitration Agreement states that Shipt and Shoppers “agree that any and all disputes, claims, or controversies,” “will be resolved through mandatory, binding arbitration.” Such

1The IC Agreement…