Who can be parties to an Apricot Lane arbitration proceeding?
Apricot_Lane Franchise · 2025 FDDAnswer from 2025 FDD Document
Arbitration must be conducted on an individual, not a class-wide, basis; only FRACHISOR (and/or its affiliates, and its and their respective owners, officers, directors, agents, and employees) and FRANCHISEE (and/or its owners, guarantors, affiliates, officers, directors, agents, and employees, if applicable) may be the parties to any arbitration proceeding described in this Section; and no such arbitration proceeding may be consolidated with any other arbitration proceeding between FRACHISOR and any other person, corporation, limited liability company, or partnership. Notwithstanding the foregoing or anything to the contrary in this Section or
Source: Item 23 — RECEIPTS (FDD pages 51–222)
What This Means (2025 FDD)
According to Apricot Lane's 2025 Franchise Disclosure Document, only Apricot Lane and its affiliates, along with their respective owners, officers, directors, agents, and employees, and the franchisee, including their owners, guarantors, affiliates, officers, directors, agents, and employees, if applicable, can be parties in an arbitration proceeding.
This means that any arbitration will be strictly between Apricot Lane and the franchisee. No other parties are allowed to be involved in the arbitration. This clause ensures that disputes are handled on an individual basis and not as part of a class-wide action.
However, the FDD stipulates that if a court or arbitrator determines that the exclusivity of these arbitration parties is unenforceable, the arbitration clause will not apply, and the dispute will be resolved in a judicial proceeding.