Are there any exceptions to the dispute resolution process for All County?
All_County Franchise · 2025 FDDAnswer from 2025 FDD Document
25.12.3. Exceptions to Arbitration. Notwithstanding Articles 25.12.1. and 25.12.2., the parties agree that the following claims will not be subject to arbitration or mediation.
25.12.3.1. any action for equitable relief, including, without limitation, seeking preliminary or permanent injunctive relief, specific performance, declaratory relief, other relief in the nature of equity to enjoin any harm or threat of harm to such party's tangible or intangible property, brought at any time, including, without limitation, prior to or during the pendency of any arbitration proceeding initiated hereunder,
25.12.3.2. any action in ejectment or for possession of any interest in real or personal property;
25.12.3.3. any action which by applicable law cannot be arbitrated; or
25.12.3.4. our decision in the first instance to issue a notice of default and/or notice of termination, or undertake any other conduct with respect to the franchise relationship that might later result in a dispute or controversy between us.
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, there are specific exceptions to the standard mediation and arbitration requirements. While All County generally requires disputes to be resolved through mediation and then arbitration, certain types of claims are exempt from these processes.
Specifically, any action for equitable relief, such as seeking preliminary or permanent injunctive relief, specific performance, or declaratory relief, is not subject to mandatory mediation or arbitration. This allows All County or the franchisee to immediately seek court intervention to prevent potential harm to their tangible or intangible property. Similarly, actions related to ejectment or possession of real or personal property are also excluded, enabling parties to resolve property disputes through the court system without first going through mediation or arbitration.
Additionally, any action that applicable law prohibits from being arbitrated is also an exception. Finally, All County's decision to issue a notice of default or termination, or any other conduct related to the franchise relationship that might lead to a dispute, is excluded from mandatory mediation or arbitration at the initial stage. This allows All County to take necessary actions regarding the franchise agreement without being immediately encumbered by dispute resolution proceedings. These exceptions allow All County and its franchisees to seek immediate judicial relief in certain situations.