factual

In the event of a dispute with Bath Tune Up, what is the required first step to initiate mediation?

Bath_Tune_Up Franchise · 2025 FDD

Answer from 2025 FDD Document

11.3. Option to Mediate Dispute

  • (a) In the event of a dispute between the parties, either party may initiate a mediation procedure in accordance with this Section 11.3 by making a written request for mediation with the Judicial Arbitration and Mediation Service (JAMS), the National Franchise Mediation Program administered by the CPR Center for Dispute Resolution of New York, or any other mediation service mutually agreed to by the parties. Any mediation will be conducted according to the procedures of the selected mediation service.

Source: Item 22 — CONTRACTS (FDD page 52)

What This Means (2025 FDD)

According to Bath Tune Up's 2025 Franchise Disclosure Document, if a dispute arises between the franchisee and Bath Tune Up, or its affiliates, either party can initiate mediation. The first step is to make a written request for mediation. This request should be directed to one of the following: the Judicial Arbitration and Mediation Service (JAMS), the National Franchise Mediation Program administered by the CPR Center for Dispute Resolution of New York, or any other mediation service mutually agreed upon by both parties.

This initial written request is crucial as it formally starts the mediation process. The mediation will then be conducted according to the procedures established by the selected mediation service. This process aims to facilitate a resolution between Bath Tune Up and the franchisee, potentially avoiding costly and time-consuming litigation.

It's important to note that not all disputes are subject to this mediation process. Bath Tune Up retains the right to seek injunctive or other equitable relief in court to enforce certain provisions of the franchise agreement, particularly those relating to intellectual property, proprietary materials, non-compete agreements, and franchisee obligations after termination or expiration. This means that Bath Tune Up can bypass mediation and go directly to court to protect its brand and system.

Disclaimer: This information is extracted from the 2025 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.