Does the Augusta Lawn Care FDD require me to confirm I understand that disputes must be arbitrated in Washington?
Augusta_Lawn_Care Franchise · 2025 FDDAnswer from 2025 FDD Document
, view or opinion made in the mediation procedure is discoverable or admissible in evidence for any purpose, not even impeachment, in any proceeding involving either of the parties. However, evidence that would otherwise be discoverable or admissible will not be excluded from discovery or made inadmissible simply because of its use in the mediation.
11.8 Arbitration
Except as provided in Section 11.9, and if not resolved by the negotiation and mediation procedures described in Section 11.7 above, any dispute, controversy, or claim between you and/or any of your Related Parties, on the one hand, and Augusta Lawn Care and/or any of Augusta Lawn Care's Related Parties, on the other hand, including, without limitation, any dispute, controversy, or claim arising under, out of in connection with or related to: (a) this Agreement; (b) the relationship of the parties; (c) the events leading up to the execution of this Agreement; (d) any loan or other finance arrangement between you and Augusta Lawn Care or its Related Parties; (e) the parties' relationship; (f) any System standard; (g) any claim based in tort or any theory of negligence; and/or (j) the scope or validity of the arbitration obligation under this Agreement, shall be determined in Whatcom County, Washington, by the American Arbitration Association ("AAA"). This arbitration clause will not deprive Augusta Lawn Care of any right it may otherwise have to seek provisional injunctive relief from a court of competent jurisdiction.
- 11.8.1 The arbitration will be administered by the AAA pursuant to its Commercial Arbitration Rules then in effect by one (1) arbitrator. The arbitrator shall be an attorney with substantial experience in franchise law. If proper notice of any hearing has been given, the arbitrator will have full power to proceed to take evidence or to perform any other acts necessary to arbitrate the matter in the absence of any party who fails to appear.
- 11.8.2 In connection with any arbitration proceeding, each party will submit or file any claim which would constitute a compulsory counterclaim (as defined by the then-current Rule 13 of the Federal Rules of Civil Procedure) within the same proceeding as the claim to which it relates. Any such claim which is not submitted or filed in such proceeding will be forever barred.
- 11.8.3 Any arbitration must be on an individual basis and the parties and the arbitrator will have no authority or power to proceed with any claim as a class action, associational
action, or otherwise to join or consolidate any claim with any claim or any other proceeding involving third-parties. If a court or arbitrator determines that this limitation on joinder of, or class action certification of claims is unenforceable then the agreement to arbitrate the dispute will be null and void and the parties must submit all claims to the jurisdiction of the courts in accordance with Section 11.8. The arbitration must take place in Whatcom County, Washington, or at such other location as Augusta Lawn Care designates.
- 11.8.4 The arbitrator must follow the law and not disregard the terms of this Agreement.
Source: Item 23 — RECEIPTS (FDD pages 44–184)
What This Means (2025 FDD)
According to the 2025 Augusta Lawn Care Franchise Disclosure Document, any disputes that are not resolved through negotiation and mediation will be settled through arbitration in Whatcom County, Washington, by the American Arbitration Association. The FDD states that the arbitration clause does not prevent Augusta Lawn Care from seeking provisional injunctive relief from a court.
The arbitration process will be administered by the AAA, using one arbitrator with experience in franchise law. The arbitrator has the power to proceed even if a party fails to appear, provided proper notice was given. The arbitrator is also empowered to issue summary orders and provide various forms of relief, such as temporary restraining orders and injunctions, which can be enforced by any court with jurisdiction.
The arbitrator's judgment on any award is final and binding and can be entered in any court with jurisdiction. Augusta Lawn Care can advance the franchisee's share of arbitration costs without waiving their right to seek recovery of those costs. If Augusta Lawn Care prevails in arbitration, the franchisee will be required to pay all arbitration expenses, as well as Augusta Lawn Care's attorney's fees and costs. The FDD also states that any legal action between the parties will be conducted on an individual basis, not as a class action.