For All County franchises, is the dispute resolution provision subject to applicable state law?
All_County Franchise · 2025 FDDAnswer from 2025 FDD Document
| PROVISION | SECTION IN | SUMMARY |
|---|---|---|
| u. Dispute resolution by arbitration or mediation | 25.12 | All disputes resolved by mediation or arbitration except for actions for declaratory or equitable relief, actions in ejectment or for possession of any interest in real or personal property, or actions which by applicable law can’t be arbitrated. This provision is subject to applicable state law. |
Source: Item 19 — Financial Performance Representations (FDD pages 34–38)
What This Means (2025 FDD)
According to All County's 2025 Franchise Disclosure Document, the dispute resolution provision is subject to applicable state law. Specifically, all disputes are to be resolved through mediation or arbitration, except for actions involving declaratory or equitable relief, actions in ejectment, actions for possession of interests in real or personal property, or actions that, by law, cannot be arbitrated. This condition ensures that the resolution of disputes will adhere to the legal requirements of the specific state where the franchise operates.
This means that while All County prefers mediation or arbitration for resolving disagreements, state laws may dictate alternative procedures or override these preferences in certain situations. For example, some states may have specific regulations regarding arbitration clauses in franchise agreements, or they may provide franchisees with additional legal rights that cannot be waived through arbitration.
Prospective All County franchisees should be aware of the dispute resolution processes outlined in the franchise agreement and how they interact with the laws of their state. It is advisable to consult with a legal professional to understand the full scope of their rights and obligations under both the franchise agreement and applicable state laws. This will help ensure that franchisees are prepared for any potential disputes and understand the legal framework that will govern their resolution.