Where in the Bath Tune Up franchise agreement can I find information about dispute resolution?
Bath_Tune_Up Franchise · 2025 FDDAnswer from 2025 FDD Document
11. DISPUTE RESOLUTION
11.1. Alternate Dispute Resolution
Except for the disputes described in Section 11.2 of this Agreement and except as otherwise specifically modified by this Section 11, any dispute between Franchisor and any of its Affiliates, on the one hand, and Franchisee and any of its Affiliates, on the other, arising out of, relating to or referencing this Agreement or its breach in any way, including any claim sounding in tort arising out of the relationship created by this Agreement, and any claim that this Agreement or any other of its parts is invalid, illegal, or otherwise voidable or void, is subject to the dispute resolution provisions described in Section 11 of this Agreement.
11.2. Disputes Not Subject To Alternate Dispute Resolution
Franchisee acknowledges that it is important that Franchisor be able to use reasonable efforts to protect the Marks, the System, and the integrity of the Marks and the System. To that end, Franchisor may, at its option, seek injunctive or other equitable relief to enforce the provisions of Section 6 (Intellectual Property), Section 7.9 (Proprietary Materials), Section 8.10 (No Competing Businesses), or Section 12.1 (Franchisee's Obligations Following Termination or Expiration) of this Agreement, or the provisions of any separate confidentiality or non-disclosure agreement between Franchisor or its Affiliates (on the one hand) and Franchisee or its Affiliates (on the other hand) in the Court specified by Section 11.6.
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.
- (b) The object of any mediation subject to this Section 11.3 is to assist the parties in reaching
Source: Item 22 — CONTRACTS (FDD page 52)
What This Means (2025 FDD)
According to the 2025 Bath Tune Up Franchise Disclosure Document, Item 22, which covers contracts, includes details about dispute resolution in Section 11. This section outlines the procedures for resolving disputes between Bath Tune Up and its franchisees.
Section 11.1 states that any dispute arising from the franchise agreement or its breach is subject to the dispute resolution provisions, except for those described in Section 11.2. Section 11.2 specifies that Bath Tune Up may seek injunctive or equitable relief in court to protect its intellectual property, system, and confidential information.
Section 11.3 provides an option for either party to initiate mediation through services like the Judicial Arbitration and Mediation Service (JAMS) or the National Franchise Mediation Program. The goal of mediation is to help the parties reach a mutually agreeable resolution. This structured approach to dispute resolution is typical in franchise agreements, offering a path to resolve conflicts outside of court while also reserving the franchisor's right to seek immediate legal action to protect key assets.