Are there any exceptions to the requirement to arbitrate all disputes with Advanced Mobile Iv And Amiv?
Advanced_Mobile_Iv_And_Amiv Franchise · 2023 FDDAnswer from 2023 FDD Document
| Provision | Section in Franchise Agreement | Summary |
|---|---|---|
| of the Federal Arbitration Act, | ||
| except as stated in State | ||
| Addenda to this Disclosure | ||
| Document. The Franchise | ||
| Agreement prohibits disputes | ||
| from being arbitrated on a class | ||
| or consolidated basis. | ||
| V. Choice of forum | Section 9.8 | Arbitration and Litigation must |
| be in Washington County, Utah, | ||
| except as stated in State | ||
| Addenda to this disclosure | ||
| document. Subject to state law. | ||
| x. Choice of law | Section 9.8 | Utah law applies except as |
| otherwise provided in the | ||
| Franchise Agreement and | ||
| subject to state laws in those | ||
| states whose laws require | ||
| exclusive application and except | ||
| to the extent governed by the | ||
| United States Trademark Act. |
Source: Item 17 — RENEWAL, TERMINATION, TRANSFER, AND DISPUTE RESOLUTION (FDD pages 44–48)
What This Means (2023 FDD)
According to Advanced Mobile Iv And Amiv's 2023 Franchise Disclosure Document, dispute resolution through arbitration is generally required, but there are exceptions. The document indicates that the requirement to arbitrate is subject to certain state laws, as detailed in the State Addenda to the Disclosure Document. This means that if a state's laws have specific requirements regarding arbitration, those laws will take precedence.
Specifically, the choice of forum for arbitration and litigation is Washington County, Utah, unless otherwise stated in the State Addenda, and is subject to state law. Furthermore, Utah law governs the Franchise Agreement, except as provided in the agreement itself, subject to state laws mandating exclusive application, and to the extent governed by the United States Trademark Act.
For a prospective Advanced Mobile Iv And Amiv franchisee, this means it is critical to carefully review any State Addenda applicable to their specific state to understand if there are any exceptions to the standard arbitration process. They should also be aware of which laws govern the agreement, as this could impact how disputes are resolved. It is also important to note that the Franchise Agreement prohibits disputes from being arbitrated on a class or consolidated basis.