What relief can the arbitrator award in a dispute involving Beem Light Sauna?
Beem_Light_Sauna Franchise · 2025 FDDAnswer from 2025 FDD Document
- (c) Relief. The arbitrator has the right to award or include in his or her award any relief which he or she deems proper, including money damages (with interest on unpaid amounts from the date due), specific performance, injunctive relief, and attorneys' fees (on a solicitor and its own client basis) and costs, provided that the arbitrator may declare any Mark generic or otherwise invalid or, except as expressly provided in Section 16.5 (Mutual Waiver of Punitive Damages), award any special, consequential, exemplary, or punitive damages against either party (we and you hereby waiving to the fullest extent permitted by law, except as expressly provided in Section 16.5 below, any right to or claim for any special, consequential, exemplary, or punitive damages against the other).
Source: Item 23 — RECEIPT (FDD pages 71–230)
What This Means (2025 FDD)
According to the 2025 Beem Light Sauna Franchise Disclosure Document, an arbitrator in a dispute has broad authority to determine appropriate relief. The arbitrator can award money damages, including interest on unpaid amounts from the date they were due.
In addition to monetary compensation, the arbitrator can order specific performance, which compels a party to fulfill their contractual obligations. Injunctive relief is also an option, which can prevent a party from taking certain actions. The arbitrator can also award attorneys' fees and costs to the prevailing party.
However, the arbitrator's powers are limited in certain respects. They cannot declare any of Beem Light Sauna's marks to be generic or invalid. Furthermore, the arbitrator is generally prohibited from awarding special, consequential, exemplary, or punitive damages against either party, unless expressly provided otherwise in Section 16.5 of the Franchise Agreement, which covers the mutual waiver of punitive damages.