factual

Who must attend the mediation session for a dispute involving Bens Soft Pretzels?

Bens_Soft_Pretzels Franchise · 2025 FDD

Answer from 2025 FDD Document

Item 17, Additional Disclosures. The following statements are added to Item 17:

Pursuant to the North Dakota Franchise Investment Law, any provision requiring franchisees to consent to the jurisdiction of courts outside North Dakota or to consent to the application of laws of a state other than North Dakota is void. Any mediation or arbitration will be held at a site agreeable to all parties. The laws of the State of North Dakota will govern any dispute.

Source: Item 22 — CONTRACTS (FDD pages 46–47)

What This Means (2025 FDD)

According to the 2025 Bens Soft Pretzels Franchise Disclosure Document, the North Dakota Addendum specifies that any mediation or arbitration will be held at a site agreeable to all parties involved in the dispute. This addendum modifies the standard franchise agreement for franchisees operating in North Dakota, ensuring that the location of mediation or arbitration is mutually convenient.

This provision is particularly relevant for prospective franchisees in North Dakota as it overrides any clause in the standard agreement that might require them to travel to a location outside of North Dakota for dispute resolution. This ensures that franchisees are not unduly burdened by having to incur additional travel costs and logistical challenges when resolving disputes with Bens Soft Pretzels.

It is important for potential franchisees in all states to understand the dispute resolution processes outlined in the Franchise Agreement and any state-specific addenda. Franchisees should seek legal counsel to fully understand their rights and obligations regarding mediation, arbitration, and litigation, and how these processes may be modified by state laws.

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.