How are disputes with All County resolved?
All_County Franchise · 2025 FDDAnswer from 2025 FDD Document
e out-of-stock or discontinued.
- 25.9. Costs and Attorneys' Fees. If we incur expenses in connection with your failure to pay when due amounts owed to us, to submit when due any reports, information or supporting records or otherwise to comply with this Agreement, you agree to reimburse us for any of the costs and expenses which we incur, including, without limitation, reasonable accounting, attorneys', arbitrators' and related fees.
- 25.10. You May Not Withhold Payments Due to Us. You agree that you will not withhold payment of any amounts owed to us on the grounds of our alleged nonperformance of any of our obligations hereunder. You agree that all such claims will, if not otherwise resolved by us, be submitted to arbitration as provided in Article 25.12.
- 25.11. Rights of Parties are Cumulative. Our and your rights hereunder are cumulative, and no exercise or enforcement by us or you of any right or remedy hereunder will preclude our or your exercise or enforcement of any other right or remedy hereunder which we or you are entitled by law to enforce.
25.12. DISPUTE RESOLUTION.
- 25.12.1. Mediation. Except as provided in Article 25.12.3., prior to filing any demand for arbitration, the parties agree to mediate any dispute, controversy or claim between the parties and any of our or your affiliates, officers, directors, shareholders, members, guarantors, employees or owners arising under, out of, in connection with or in relation to this Agreement, any lease or sublease for your Business, any loan or other finance arrangement between us or our affiliates and you, the parties' relationship, your Business, or any Methods of Operation, Operating System or Operating Standard, in accordance with the following procedures:
- 25.12.1.1. The party seeking mediation must commence mediation by sending the other party, in accordance with Article 26, a written notice of its request for mediation headed "Notification of Dispute". The Notification of Dispute will specify, to the fullest extent possible, the party's version of the facts surrounding the dispute, the amount of damages and the nature of any injunctive or other relief such party claims. The party (or parties as the case may be) receiving a Notification of Dispute will respond within
twenty (20) days after receipt thereof, in accordance with Article 26, stating its version of the facts, and, if applicable, its position as to damages sought by the party initiating the dispute procedure; provided, however, that if the dispute has been the subject of a default notice given under Article 22 of this Agreement, the other party will respond within ten (10) business days.
- 25.12.1.2. Upon receipt of a Notification of Dispute and response under Article 25.12.1., the parties will endeavor, in good faith, to resolve the dispute outlined in the Notification of Dispute and response. If the parties have been unable to resolve a dispute outlined in a Notification of Dispute or a response thereto within twenty (20) days after receipt of the response, either party may initiate a mediation procedure in accordance with the American Arbitration Association ("AAA"), pursuant to its Commercial Mediation Procedures, and unless otherwise agreed by the parties will take place in the city of our then-current corporate headquarters. The parties must select a mediator jointly.
- 25.12.1.3. All mediation sessions will occur in Florida at a mutually agreed location and must be attended by your Principal Owners or Managing Owner (and any other persons with authority to settle the dispute on your behalf) and our representatives(s) who is/are authorized to settle the dispute. The parties may be represented by counsel at the mediation. The parties agree to participate in the mediation proceedings in good faith and with the intention of resolving the dispute if at all possible within thirty (30) days of the notice from the party seeking to initiate the mediation procedures. If the dispute is not resolved within thirty (30) days, the parties are free to pursue arbitration. In addition, if the party receiving notice of mediation has not responded within five (5) days of delivery of the notice or a party fails to participate in the mediation, this Article 25.12.1. will no longer be applicable and the other party can pursue arbitration. The parties agree that the costs of the mediator will be split equally between the parties. Each party must pay its own fees and expenses incurred in connection with the mediation. The mediation proceeding and any negotiations and results thereof will be treated as a compromise settlement negotiation and the entire process is confidential. At least five (5) days prior to the initial mediation session, each party must deliver a written statement of positions.
- 25.12.2.
Source: Item 17 — Renewal, Termination, Transfer, and Dispute Resolution (FDD pages 31–34)
What This Means (2025 FDD)
According to All County's 2025 Franchise Disclosure Document, disputes are initially addressed through mediation, and if unresolved, proceed to arbitration. Prior to arbitration, parties must mediate any dispute related to the Franchise Agreement, leases, loans, the relationship between parties, the franchisee's business, or any operational methods. The party initiating mediation must send a 'Notification of Dispute' to the other party, detailing the facts, damages, and requested relief. The receiving party then has twenty days to respond with their version of the facts, unless the dispute involves a default notice under Article 22, in which case the response time is reduced to ten business days.
Following the notification and response, both parties must try to resolve the dispute in good faith. If they cannot resolve it within twenty days of receiving the response, either party can initiate mediation through the American Arbitration Association (AAA), following its Commercial Mediation Procedures. Unless both parties agree otherwise, the mediation will occur in the city of All County's corporate headquarters. Both parties are required to jointly select a mediator. All mediation sessions will take place in Florida at a mutually agreed location and must be attended by the franchisee's Principal Owners or Managing Owner and All County's authorized representatives. Each party may be represented by counsel during mediation.
Both parties must participate in the mediation in good faith, aiming to resolve the dispute within thirty days of initiating mediation procedures. If the dispute remains unresolved after thirty days, either party can pursue arbitration. However, if the party receiving the mediation notice fails to respond within five days or does not participate in the mediation, the mediation requirement is waived, and the other party can proceed directly to arbitration. The costs of the mediator are split equally between the parties, and each party is responsible for their own fees and expenses related to the mediation. The mediation proceedings are confidential and treated as compromise settlement negotiations. At least five days before the initial mediation session, each party must submit a written statement of positions.
If mediation does not resolve the dispute, the matter proceeds to binding arbitration, except as provided in Article 25.12.3. The arbitration is conducted under the Federal Arbitration Act and administered by the AAA, following its Commercial Arbitration Rules, using one arbitrator. This arbitration covers any dispute arising from the Franchise Agreement, leases, loans, the relationship between the parties, the franchisee's business, or any System Standard. This process ensures that disputes are addressed through structured mediation and, if necessary, binding arbitration, providing a framework for resolving conflicts between All County and its franchisees.