Where must mediation and arbitration for Bang Cookies disputes be conducted?
Bang_Cookies Franchise · 2024 FDDAnswer from 2024 FDD Document
| s. Modification of the agreement | 18.L. | Requires writing signed by you and us, except for unilateral changes that we may make to the Manuals or our unilateral reduction of the scope of a restrictive covenant that we may make in our discretion. |
|---|---|---|
| t. Integration/merger clauses | 18.M. | Only the terms of the Franchise Agreement and schedules to the Franchise Agreement and the respective signed exhibits to the Franchise Agreement are binding, subject to state law. Nothing in any agreement is intended to disclaim the express representations made in the Franchise Disclosure Document, its exhibits and amendments. |
| u. Dispute resolution by arbitration or mediation | 18.G. | Except for certain claims for injunctive relief, all disputes must first be submitted to non-binding mediation in Bergen County, New Jersey and, if mediation is unsuccessful, then to binding arbitration in Bergen County, New Jersey. This provision is subject to applicable state law. |
| v. Choice of forum | 18.G. | All mediation, arbitration and, if applicable, litigation proceedings must be conducted in, or closest to, State court of general jurisdiction that is within or closest to Bergen County, New Jersey. |
Source: Item 17 — RENEWAL, TERMINATION, TRANSFER AND DISPUTE RESOLUTION (FDD pages 42–49)
What This Means (2024 FDD)
According to Bang Cookies's 2024 Franchise Disclosure Document, dispute resolution through mediation and arbitration must occur in a specific location. Except for claims seeking injunctive relief, all disputes must initially undergo non-binding mediation in Bergen County, New Jersey. If mediation fails to resolve the dispute, the matter will then proceed to binding arbitration, also in Bergen County, New Jersey.
Furthermore, the FDD specifies the choice of forum for all dispute resolution processes. All mediation, arbitration, and, if applicable, litigation proceedings must be conducted in the state court of general jurisdiction that is either within or closest to Bergen County, New Jersey. This stipulation ensures that any legal proceedings related to the franchise agreement will take place in a designated location.
It is important to note that these provisions regarding dispute resolution are subject to applicable state law, potentially introducing variations based on the franchisee's location. Additionally, Exhibit I to the Disclosure Document may contain further details or exceptions that could influence the dispute resolution process. Prospective franchisees should carefully review these sections and seek legal counsel to fully understand their rights and obligations regarding dispute resolution under the Bang Cookies franchise agreement.