For Bath Tune Up franchises in Maryland, where is the choice of forum for arbitration/mediation proceedings?
Bath_Tune_Up Franchise · 2025 FDDAnswer from 2025 FDD Document
Item 17v (Choice of Forum) is amended to state: "None for equitable/injunctive relief and South Dakota for arbitration/mediation proceedings" under the heading "Summary".
Source: Item 23 — RECEIPTS (FDD pages 52–222)
What This Means (2025 FDD)
According to the 2025 Bath Tune Up Franchise Disclosure Document, for franchisees in Maryland, the choice of forum for arbitration or mediation proceedings is South Dakota. However, this stipulation does not apply to actions seeking equitable or injunctive relief. In those cases, no specific forum is identified, implying that standard legal practices would dictate the appropriate venue.
This amendment to Item 17v (Choice of Forum) is significant for prospective Bath Tune Up franchisees in Maryland. It means that if a dispute arises that requires arbitration or mediation, the proceedings will take place in South Dakota, which may involve additional travel and expenses for the franchisee.
However, it's important to note the exception for equitable or injunctive relief, where the forum choice is not specified. This could mean that such legal actions might be pursued in Maryland or another jurisdiction deemed appropriate by the courts. Franchisees should seek legal counsel to fully understand the implications of these forum choices and how they might affect their rights and obligations under the franchise agreement.