Does this table summarize any dependencies between different sections of the Aplus franchise agreement regarding dispute resolution?
Aplus Franchise · 2024 FDDAnswer from 2024 FDD Document
| Provision | Section in franchise or other agreement | Summary | |
|---|---|---|---|
| u. | Dispute resolution by arbitration or mediation | No provision | None |
| v. | Choice of Forum | APLUS – 24.2 | Subject to applicable state law, the venue for all proceedings related to or arising out of the APLUS Franchise Agreement is Dallas, Texas. See the State Specific Addenda attached to this Disclosure Document. |
| w. | Choice of Law | APLUS – 24.1 | Texas law applies (subject to applicable state law). See the State Specific Addenda attached to this Disclosure Document. |
Source: Item 17 — RENEWAL, TERMINATION, TRANSFER AND DISPUTE RESOLUTION (FDD pages 53–64)
What This Means (2024 FDD)
According to Aplus's 2024 Franchise Disclosure Document, the table provided summarizes various provisions of the franchise agreement and related agreements, including aspects of dispute resolution. Specifically, it addresses the choice of forum and choice of law, indicating which sections of the APLUS Franchise Agreement govern these aspects.
The table indicates that the venue for proceedings related to the Aplus Franchise Agreement is Dallas, Texas, as outlined in Section 24.2 of the APLUS agreement, subject to applicable state law. Furthermore, Section 24.1 of the APLUS agreement specifies that Texas law applies, also subject to applicable state law. The document also refers to State Specific Addenda for additional information.
However, the table explicitly states that there is no provision for dispute resolution by arbitration or mediation within the Aplus franchise agreement. This means that Aplus franchisees may need to resolve disputes through litigation, and the location and governing law for such litigation are predetermined by the franchise agreement, potentially impacting the cost and convenience of resolving disputes.