For All County, what law governs dispute resolution by arbitration or mediation?
All_County Franchise · 2025 FDDAnswer from 2025 FDD Document
| SECTION IN | ||
|---|---|---|
| FRANCHISE | ||
| PROVISION | AGREEMENT | SUMMARY |
| i. Franchisee’s obligations on termination/non-renewal | 23 | Pay us what you owe us; cease using the Marks; and follow our termination procedures; transfer all telephone numbers, clients, and accounts of the Franchise Business to us or our designee; give us all copies of your customer lists; cancel fictitious business names; adhere to the covenant not to compete in the Franchise Agreement. |
| j. Assignment of contract by franchisor | 20.1 | Fully transferable by us. However, no assignment will be made except to an assignee who, in good faith and judgment of the franchisor, is willing and financially able to assume the franchisor’s obligations under the Franchise Agreement. |
| k. “Transfer” by franchisee - | 20.3 | Includes any transfer of ownership. |
| definition | ||
| l. Franchisor approval of transfer by franchisee | 20.2 | Our approval of any transfer is required prior to your transferring the Franchise to a third party. However, will not unreasonably withhold our approval where the proposed transferee meets all our conditions for approval. |
| m. Conditions for franchisor approval of transfer | 20.4 | The proposed transferee must meet our standards as to character, financial resources, and willingness to assume the existing obligations under the Franchise Agreement, sign our then-current form of franchise agreement, and complete training. |
| n. Franchisor’s right of first refusal to | 20.9 | We can match any offer for your Franchise. |
| acquire franchisee’s business | ||
| o. Franchisor’s option to purchase | 23.6 | 60-day option upon termination or expiration. |
| franchisee’s business | ||
| p. Death or disability of franchisee | 20.6 | A replacement Managing Owner must be trained. |
| q. Non-competition covenants | 16.1 | No direct or indirect interest in a Competitive |
| during the term of the franchise | Business. | |
| r. Non-competition covenants after the franchise is terminated or expires | 23.4 | After termination or expiration of the Franchise Agreement, you may not operate a similar type of business for a period of 36 months within your Territory or within 50 miles from the outside perimeter of your Territory |
| s. Modification of the agreement | 25.16 SECTION IN FRANCHISE | Must be in writing. |
| PROVISION | AGREEMENT | SUMMARY |
| t. Integration/merger clause | 25.18 | Only the terms of the Franchise Agreement are binding (subject to applicable state law). Any representations or promises made outside the Disclosure Document and Franchise Agreement may not be enforceable. |
| 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. |
| v. Choice of forum | 25.14 | Applicable law is that of the State of Florida, unless superseded by state law. State specific appendices are attached to the Franchise Agreement, and state specific addendums to the Disclosure Document are attached as Exhibit “D”. |
Source: Item 19 — Financial Performance Representations (FDD pages 34–38)
What This Means (2025 FDD)
According to All County's 2025 Franchise Disclosure Document, dispute resolution by arbitration is governed by the Federal Arbitration Act. While All County generally resolves disputes through mediation or arbitration, there are exceptions for actions seeking declaratory or equitable relief, actions related to property possession, and actions that cannot be arbitrated under applicable law. It is important to note that these provisions are subject to applicable state law, which may supersede the standard procedures.
This means that if a franchisee has a dispute with All County that goes to arbitration, the process will be conducted under the rules and guidelines established by the Federal Arbitration Act, a federal law designed to facilitate and enforce arbitration agreements. However, certain types of legal actions, such as those seeking a court order or involving property rights, may not be subject to arbitration and could be pursued in court.
Prospective franchisees should be aware that the specific state in which they operate their All County franchise could have laws that impact how disputes are resolved. The Franchise Agreement includes state-specific appendices and the Disclosure Document has state-specific addendums (Exhibit “D”), which may contain modifications or clarifications to the dispute resolution process based on local regulations. Therefore, it is crucial for franchisees to review these state-specific provisions carefully to understand their rights and obligations regarding dispute resolution.