Are there any exceptions to the arbitration requirement for Advanced Mobile Iv And Amiv disputes?
Advanced_Mobile_Iv_And_Amiv Franchise · 2023 FDDAnswer from 2023 FDD Document
issues relating to the offer or sale of the franchise; and
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- issues relating to the franchise relationship or its expiration, non-renewal, and termination.
The provisions of this Section will not limit your or our right to seek and obtain any provisional or final remedy as outlined in the "Injunctive Relieve and Specific Performance" Section, below, to protect against actual or threatened conduct that on balance would cause or be likely to cause loss or damage if allowed to continue pending completion of an arbitration proceeding.
Such judicial proceeding will be considered unique as to its facts and may not be brought as a class action or on a consolidated basis. You and each of your owners waive any right to proceed against us by way of class action.
Source: Item 23 — RECEIPTS (FDD pages 54–202)
What This Means (2023 FDD)
According to the 2023 Advanced Mobile Iv And Amiv Franchise Disclosure Document, there are some exceptions to the arbitration requirements. While the document states that the parties agree that all issues or disagreements between them will be mediated, arbitrated, tried, heard, and decided in the county in which Advanced Mobile IV And Amiv's headquarters is located, this is not absolute.
Specifically, the agreement to arbitrate does not limit either party's right to seek and obtain provisional or final remedies as outlined in the "Injunctive Relieve and Specific Performance" Section to protect against actual or threatened conduct that would likely cause loss or damage if allowed to continue while arbitration is pending. This means that Advanced Mobile Iv And Amiv or the franchisee can seek injunctive relief in court to prevent immediate harm, even while the underlying dispute is being arbitrated.
Furthermore, the FDD states that issues relating to the offer or sale of the franchise, and issues relating to the franchise relationship or its expiration, non-renewal, and termination will be subject to arbitration. Any arbitration or judicial proceeding between two or more of the parties will be governed by certain limitations, including that such judicial proceeding will be considered unique as to its facts and may not be brought as a class action or on a consolidated basis. Franchisees also waive any right to proceed against Advanced Mobile Iv And Amiv by way of class action.