Ky. Rev. Stat. § 436.009

Current through 2024 Ky. Acts ch. 225
Section 436.009 - Waiver and estoppel of right to bring civil action are void
(1) A waiver, purported waiver, or estoppel of a person's right to bring a civil action under Section 14 or 15 of this Act, or of any remedy or any other protection provided by Sections 13 to 18 of this Act, shall be void and unenforceable as against public policy, and a court or arbitrator shall not enforce or give effect to any waiver or estoppel, notwithstanding any choice-of-law or other provision in any contract or other agreement.
(2) The waiver and estoppel prohibition under subsection (1) of this section:
(a) Shall not apply to contractual waivers to the extent any application of the prohibition would impair the obligation of contract in violation of the Constitution of Kentucky or the Constitution of the United States;
(b) Is a public policy limitation on contractual and other waivers or estoppels; and
(c) Shall be enforced to the full extent permitted by the Constitution of Kentucky and the Constitution of the United States.
(3) Any contract, agreement, or arrangement made or entered in violation of Sections 13 to 18 of this Act shall be void and unenforceable as against public policy.

KRS 436.009

Added by 2024 Ky. Acts ch. 106,§ 18, eff. 7/15/2024.