Regarding mediation and arbitration for a Best Brains franchise, what agreement must be reached concerning the location?
Best_Brains Franchise · 2025 FDDAnswer from 2025 FDD Document
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- Site of Arbitration, Mediation, and/or Litigation. In any arbitration or mediation involving a franchise purchased in Washington, the arbitration or mediation site will be either in the state of Washington, or in a place mutually agreed upon at the time of the arbitration or mediation, or as determined by the arbitrator or mediator at the time of arbitration or mediation.
Source: Item 23 — RECEIPTS (FDD pages 42–190)
What This Means (2025 FDD)
According to Best Brains' 2025 Franchise Disclosure Document, the Washington Addendum to the Franchise Agreement addresses mediation and arbitration locations for franchisees in Washington. Specifically, in any arbitration or mediation involving a franchise purchased in Washington, the site will be either in the state of Washington, or in a place mutually agreed upon at the time of the arbitration or mediation, or as determined by the arbitrator or mediator at the time of arbitration or mediation.
This means that if a Best Brains franchisee in Washington has a dispute that goes to arbitration or mediation, the location of these proceedings must be in Washington unless both the franchisee and Best Brains agree to another location. If they cannot agree, the arbitrator or mediator will determine the location.
This provision protects Washington franchisees by ensuring that they are not forced to travel to a distant or inconvenient location for dispute resolution. It also aligns with the Washington Franchise Investment Protection Act, which aims to protect franchisees' rights. Franchisees in North Dakota have similar protections, where the site of mediation and arbitration shall be agreeable to all parties and may not be remote from the franchisee's place of business.