In the event of a dispute with Beverly Anns Cookie, where will the final and binding arbitration be conducted?
Beverly_Anns_Cookie Franchise · 2025 FDDAnswer from 2025 FDD Document
If the parties cannot fully resolve and settle a dispute through Required Mediation, all unresolved issues involved in the dispute shall be, at the request of either party, submitted to final and binding arbitration to be conducted in the city closest to our principal place of business (currently Florence, Kentucky) by AAA (if AAA or any successor thereto is no longer available for arbitration in such city, you and we will agree on another arbitration organization to conduct the arbitration proceeding), in accordance with AAA's Commercial Arbitration Rules and otherwise as set forth below on an individual basis (not a class action) ("Required Arbitration").
In any arbitration proceeding, each party will submit or file any claim that would constitute a compulsory counterclaim as defined by the Federal Rules of Civil Procedure within the same proceeding as the claim it relates to. Any claim that is not submitted or filed as required is forever barred. Except for claims excluded from mediation and arbitration herein, the arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability or formation of this Franchise Agreement including, but not limited to any claim that all or any part of this Franchise Agreement is void or voidable.
Source: Item 23 — RECEIPTS (FDD pages 57–235)
What This Means (2025 FDD)
According to Beverly Anns Cookie's 2025 Franchise Disclosure Document, if a dispute cannot be resolved through required mediation, either party can request that the unresolved issues be submitted to final and binding arbitration. This arbitration will take place in the city closest to Beverly Ann's Cookie's principal place of business, which is currently Florence, Kentucky.
The arbitration will be conducted by the AAA (American Arbitration Association) or a successor organization if the AAA is unavailable in Florence. The arbitration will follow AAA's Commercial Arbitration Rules and will be conducted on an individual basis, meaning no class actions are allowed.
Both parties are required to submit any claim that would constitute a compulsory counterclaim as defined by the Federal Rules of Civil Procedure within the same proceeding as the claim it relates to, and any claim not submitted or filed as required is permanently barred. The arbitrator, rather than any court or agency, has the exclusive authority to resolve disputes regarding the interpretation, applicability, enforceability, or formation of the Franchise Agreement, including claims that any part of the agreement is void or voidable.