Who selects the mediation date if Basecamp Fitness and the franchisee cannot agree on one?
Basecamp_Fitness Franchise · 2025 FDDAnswer from 2025 FDD Document
If you and we cannot agree on a date for mediation, then the mediation organization will select a date it believes is reasonable for both of us, given all of the claimed conflicts in dates.
Source: Item 22 — CONTRACTS (FDD pages 61–62)
What This Means (2025 FDD)
According to Basecamp Fitness's 2025 Franchise Disclosure Document, if the franchisee and Basecamp Fitness cannot agree on a mediation date, the mediation organization will select a date it believes is reasonable for both parties. This process is initiated when either party provides written notice of their desire to mediate. The receiving party then has ten days to select an independent entity that provides mediation services. If they fail to do so, the other party can either proceed as if mediation is not required or select the mediation organization themselves.
Once a mediation organization is chosen and agrees to serve as mediator, it is directed to schedule the mediation at a time convenient for both Basecamp Fitness and the franchisee. The mediation must be held within thirty days of the organization receiving notification that its services are requested. However, if both parties cannot agree on a date, the mediation organization steps in to select a date deemed reasonable for both, considering any claimed scheduling conflicts.
The person mediating the dispute must have at least ten years of experience as a franchisee, franchisor, or officer of such an entity, or in franchise law. The cost of the mediator is equally shared between the franchisee and Basecamp Fitness. The mediator also selects the location for the mediation, which must be in a metropolitan area with at least 250,000 people and not within 100 miles of either party's principal office, unless both parties agree otherwise.
This process ensures that mediation occurs even if the parties involved have difficulty agreeing on logistics, providing a structured approach to resolving disputes before legal action or arbitration is pursued. For a prospective franchisee, this means that Basecamp Fitness is committed to attempting to resolve disputes through mediation, and there is a mechanism in place to ensure the mediation proceeds in a timely manner, even if scheduling conflicts arise.