Does the Augusta Lawn Care FDD require me to confirm I understand that disputes must be mediated in Washington?
Augusta_Lawn_Care Franchise · 2025 FDDAnswer from 2025 FDD Document
ing on behalf of the franchisor. This provision supersedes any other term of any document executed in connection with the franchise.
Nothing in the agreement or in any related agreement is intended to disclaim the representations made in the Franchise Disclosure Document.
11.7 Negotiation and Mediation
11.7.1 Agreement to Use Procedure
The parties have reached this Agreement in good faith and in the belief that it is mutually advantageous to them. In the same spirit of cooperation, they pledge to try to resolve any dispute without litigation or arbitration. Other than an action by Augusta Lawn Care under Section 11.9 of this Agreement, the parties agree that if any dispute arises between them, before beginning any legal action or arbitration to interpret or enforce this Agreement, they will first follow the procedures described in this section. Good faith participation in these procedures to the greatest extent reasonably possible, despite lack of cooperation by one or more of the other parties, is a precondition to maintaining any legal action or arbitration to interpret or enforce this Agreement.
11.7.2 Initiation of Procedures
The party that initiates these procedures ("Initiating Party") must give written notice to the other party, describing in general terms the nature of the dispute, specifying the Initiating Party's claim for relief including the damages sought, and identifying one or more persons with authority to settle the dispute for him, her, or it. The party receiving the notice ("Responding Party") has seven (7) days within which to designate by written notice to the Initiating Party one or more persons with authority to settle the dispute on the Responding Party's behalf (the "Authorized Persons").
11.7.3 Direct Negotiations
The Authorized Persons may investigate the dispute as they consider appropriate but agree to meet in-person at a location designated by Augusta Lawn Care within seven (7) days from the date of the designation of Authorized Persons to discuss resolution of the dispute.
Source: Item 23 — RECEIPTS (FDD pages 44–184)
What This Means (2025 FDD)
According to the 2025 Augusta Lawn Care FDD, before beginning any legal action or arbitration to interpret or enforce the Franchise Agreement, both parties agree to first follow negotiation and mediation procedures. Good faith participation in these procedures is a precondition to maintaining any legal action or arbitration.
Specifically, if a dispute arises between the franchisee and Augusta Lawn Care, they pledge to try to resolve it without litigation or arbitration, other than an action by Augusta Lawn Care under Section 11.9 of the Agreement. The negotiation and mediation procedures are described in Section 11.7 of the FDD.
Furthermore, any dispute, controversy, or claim between the franchisee and Augusta Lawn Care, if not resolved by negotiation and mediation, will be determined in Whatcom County, Washington, by the American Arbitration Association (AAA). This includes disputes related to the Franchise Agreement, the relationship of the parties, events leading up to the agreement, finance arrangements, system standards, tort claims, and the validity of the arbitration obligation.