What happens if an action against All States M.E.D. is not brought within one year of the facts giving rise to the claim?
All_States_M_E_D Franchise · 2024 FDDAnswer from 2024 FDD Document
You agree to bring any Claims against us, if at all, within one (1) year of the occurrence of the facts giving rise to such Claims, and that any action not brought within this period shall be barred as a claim, counterclaim, defense, or set-off.
Source: Item 23 — RECEIPTS (FDD pages 44–174)
What This Means (2024 FDD)
According to All States M.E.D.'s 2024 Franchise Disclosure Document, franchisees have a limited time to bring claims against the company. Specifically, any claim must be initiated within one year of the occurrence of the facts that led to the claim.
If a franchisee fails to bring an action against All States M.E.D. within this one-year period, the action will be barred. This means the franchisee will lose the right to pursue the claim in any form, whether as a direct claim, a counterclaim, a defense, or a set-off. This limitation of actions is a significant factor for prospective franchisees to consider, as it requires them to be vigilant and timely in addressing any issues that may arise.
In addition to the one-year limitation, the All States M.E.D. franchise agreement requires franchisees to provide notice to All States M.E.D. within 30 days of any violation or breach that could lead to a claim. Failure to provide this notice will prevent any claim for damages. Franchisees must also first attempt to resolve the claim internally with All States M.E.D.'s CEO before pursuing external options. These stipulations highlight the importance of clear communication and adherence to the outlined procedures when dealing with potential disputes.