For Atwell Suites franchises purchased in Washington, where will the arbitration or mediation site be located?
Atwell_Suites Franchise · 2025 FDDAnswer from 2025 FDD Document
In any arbitration or mediation involving a license purchased in Washington, the arbitration or mediation site will be either in the state of Washington, or in a place mutually agreed upon at the time of the arbitration or mediation, or as determined by the arbitrator or mediator at the time of arbitration or mediation.
In addition, if litigation is not precluded by the License, a licensee may bring an action or proceeding arising out of or in connection with the sale of franchises/licenses, or a violation of the Washington Franchise Investment Protection Act, in Washington.
Source: Item 23 — Receipts (FDD pages 99–486)
What This Means (2025 FDD)
According to Atwell Suites' 2025 Franchise Disclosure Document, an amendment to the Atwell Suites License Agreement addresses the location of arbitration or mediation for licenses purchased in Washington. Specifically, if any arbitration or mediation involves a license purchased in Washington, the location for such proceedings will be in the state of Washington.
However, there are exceptions. The site can be a place mutually agreed upon by all parties involved at the time the arbitration or mediation is initiated. Alternatively, the arbitrator or mediator has the authority to determine the location at the time of the arbitration or mediation.
This amendment also clarifies that if litigation is not precluded by the license agreement, a licensee has the right to bring legal action or proceedings in Washington if the action arises from the sale of franchises/licenses or a violation of the Washington Franchise Investment Protection Act. This provision ensures that Atwell Suites franchisees in Washington have a forum within their state for dispute resolution, while also allowing for flexibility through mutual agreement or arbitrator/mediator determination.