Under what circumstances does the All County Franchise Agreement allow for actions outside of mediation or arbitration?
All_County Franchise · 2025 FDDAnswer from 2025 FDD Document
| SECTION IN | ||
|---|---|---|
| FRANCHISE | ||
| PROVISION | AGREEMENT | 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 standard dispute resolution process involves mediation or arbitration. However, there are specific exceptions where All County may pursue legal actions outside of these methods.
The Franchise Agreement allows for actions for declaratory or equitable relief, meaning All County can seek court orders to clarify rights or compel certain actions. Additionally, All County can pursue actions in ejectment or for possession of any interest in real or personal property, which typically involve regaining possession of property.
Finally, any actions that applicable law prevents from being arbitrated are also exceptions to the mediation or arbitration requirement. It is important to note that this provision is subject to applicable state law, meaning the specific exceptions may vary depending on the franchisee's location.