According to the Amorino franchise agreement, what is the location for mediation?
Amorino Franchise · 2025 FDDAnswer from 2025 FDD Document
| Dispute u. | Section 22 of | In the event of any dispute arising out of or in connection with |
|---|---|---|
| resolution by | the Franchise | the franchise agreement or the relationship of the parties, |
| arbitration or | Agreement | including without limitation any claim related to termination or |
| mediation | expiration of the franchise agreement and any claim for damages and/or compensation related thereto, the parties agree to submit the matter to mediation under the American Arbitration Association Commercial Mediation Rules. If the mediation is not successful, any controversy, claim, cause of action or dispute arising out of, or relating to any of your stores or the franchise agreement, including, but not limited to (i) any claim by you, or any person in privity with or claiming through, on behalf of or in the right of you, concerning the entry into, performance under, or termination of, the franchise agreement or any other agreement entered into by us, or our subsidiaries or affiliates, and you, (ii) any claim against a past or present employee, officer, director or agent of us, (iii) any claim of breach of the franchise agreement, and (iv) any claims arising under state or federal laws, shall be submitted to final and binding arbitration as the sole and exclusive remedy for any such controversy or dispute. | |
| Choice | Section 22 of | Subject to applicable state law, except for our right to obtain |
| v. | ||
| of forum | the franchise | injunctive relief in any appropriate jurisdiction, any dispute |
| agreement | arising out of the franchise agreement or our relationship shall first be submitted to mediation, and if it is not resolved in mediation, then it shall be submitted to arbitration, under the rules of the American Arbitration Association, to take pl |
Source: Item 17 — RENEWAL, TERMINATION, TRANSFER, AND DISPUTE RESOLUTION (FDD pages 55–67)
What This Means (2025 FDD)
According to Amorino's 2025 Franchise Disclosure Document, mediation will take place in New York County, New York. Specifically, any dispute arising out of the franchise agreement or the relationship between Amorino and the franchisee must first be submitted to mediation. If mediation is unsuccessful, the dispute will then proceed to arbitration. Both mediation and arbitration are to be conducted under the rules of the American Arbitration Association.
This requirement means that if a dispute arises, an Amorino franchisee may be required to travel to New York County, New York for mediation and potentially arbitration. This could involve significant travel expenses and time, regardless of where the franchise is located. Franchisees should factor these potential costs into their business planning.
It is important to note that this clause is subject to applicable state law, which may provide some protections or alternatives depending on the franchisee's location. However, the primary obligation is to participate in mediation and arbitration in New York County, New York, before pursuing other legal remedies, except for Amorino's right to obtain injunctive relief in any appropriate jurisdiction.