Are there any limitations provisions that Anago and the franchisee must adhere to during arbitration?
Anago Franchise · 2025 FDDAnswer from 2025 FDD Document
ALL CLAIMS, EXCEPT FOR MONIES DUE TO US UNDER THIS AGREEMENT, RELATING TO THE RELATIONSHIP BETWEEN THE PARTIES ARE BARRED UNLESS AN ACTION OR LEGAL OR ARBITRATION PROCEEDING IS FILED AND TIMELY SERVED UPON THE OPPOSING PARTY WITHIN 12 MONTHS FROM THE DATE YOU OR WE KNEW OR SHOULD HAVE KNOWN OF THE FACTS CREATING THE CLAIM, EXCEPT TO THE EXTENT ANY APPLICABLE LAW OR STATUTE PROVIDES FOR A SHORTER PERIOD OF TIME TO BRING A CLAIM, OR AS OTHERWISE REQUIRED BY LAW.
SECTION 18.24 WAIVER OF PUNITIVE DAMAGES CLAIMS.
Source: Item 23 — RECEIPTS (FDD pages 62–298)
What This Means (2025 FDD)
According to Anago's 2025 Franchise Disclosure Document, there are specific limitations regarding claims and the ability to participate in class action lawsuits.
The FDD states that all claims, except for monies due to Anago, relating to the relationship between the parties are barred unless an action or legal or arbitration proceeding is filed and timely served upon the opposing party within 12 months from the date you or Anago knew or should have known of the facts creating the claim. This is subject to any applicable law or statute providing for a shorter period or as otherwise required by law. This means a franchisee has a limited time frame to bring any claims against Anago, or vice versa, with the exception of payments owed to Anago.
Additionally, the FDD stipulates that no party shall initiate or participate in any class action litigation claim against any other party bound by the agreement. This waiver prevents franchisees from joining together in a class action lawsuit against Anago, and vice versa, requiring disputes to be handled individually. These provisions remain in effect even after the termination or expiration of the franchise agreement.