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Under what condition can an Auntie Annes franchisee enter into litigation with the franchisor in Maryland?

Auntie_Annes Franchise · 2024 FDD

Answer from 2024 FDD Document

You can enter into litigation with us in Maryland for claims arising under the Maryland Franchise Registration and Disclosure Law, as long as the nature of the litigation is not the type of dispute, controversy, claim, action or proceeding which would be subject to arbitration under the Franchise Agreement.

    1. Any claims arising under the Maryland Franchise Registration and Disclosure Law must be brought within three years after the grant of the franchise.

Source: Item 22 — CONTRACTS (FDD page 106)

What This Means (2024 FDD)

According to Auntie Anne's 2024 Franchise Disclosure Document, a franchisee in Maryland can enter into litigation with Auntie Anne's Franchisor SPV LLC under specific conditions related to claims arising from the Maryland Franchise Registration and Disclosure Law.

Specifically, the franchisee can litigate with Auntie Annes in Maryland if the claims arise under the Maryland Franchise Registration and Disclosure Law. However, this is allowed only if the nature of the litigation is not the type of dispute, controversy, claim, action, or proceeding that would be subject to arbitration under the Franchise Agreement. This means that while franchisees have the right to pursue litigation for certain legal claims, they must adhere to the arbitration clauses outlined in the Franchise Agreement for other types of disputes.

Additionally, any claims arising under the Maryland Franchise Registration and Disclosure Law must be brought within three years after the grant of the franchise. This time limit is crucial, as it sets a deadline for franchisees to take legal action regarding issues covered by this specific law. This provision ensures that legal claims are addressed in a timely manner, preventing prolonged uncertainty for both the franchisee and Auntie Annes.

Disclaimer: This information is extracted from the 2024 Franchise Disclosure Document and is provided for research purposes only. It does not constitute legal or financial advice. Consult with a franchise attorney before making any investment decisions.