Where will Alloy mediation be conducted if the parties do not mutually agree on a location?

According to Alloy's 2025 Franchise Disclosure Document, mediation will be conducted in the county where Alloy's headquarters are located. Currently, this location is Roswell, Georgia. However, the FDD also states that the mediation can occur at another location if both parties mutually agree to it.

Prior to pursuing any legal action or arbitration, both Alloy and the franchisee must participate in mediation to resolve any disputes. Neither party can commence litigation or arbitration until at least 30 days after one party sends written notice of their intent to mediate. This 30-day period allows the notified party time to respond. If the notified party does not respond within those 30 days, it is considered an unsuccessful attempt at mediation.

The mediation process itself will be non-binding and will be administered by the American Arbitration Association, following its rules for commercial disputes at the time. Before mediation begins, both parties must sign a standard confidentiality agreement. The mediator is prohibited from serving as a witness, expert, or counsel for either party in any related legal proceedings. The costs and expenses associated with the mediator are to be shared equally between Alloy and the franchisee.

Mediation is considered a negotiation and is treated as privileged communication under the agreement's governing law. The entire mediation process remains confidential, ensuring that any conduct, statements, promises, offers, views, and opinions shared by the mediator and the parties involved are not admissible in any legal proceedings. However, any evidence that is otherwise discoverable will not be excluded simply because it was used during the mediation.