Under what circumstances is mediation not required before filing a claim related to a Body20 franchise agreement?
Body20 Franchise · 2025 FDDAnswer from 2025 FDD Document
- (c) Exceptions to Mediation. The obligation to mediate shall not be binding upon either party with respect to claims relating to the Marks, the non-payment or underpayment of any monies due under this Agreement, the noncompetition covenants, or requests by either party for temporary restraining orders, preliminary injunctions or other procedures in a court of competent jurisdiction to obtain interim relief when deemed necessary by such court to preserve the status quo or prevent irreparable injury pending resolution of the actual dispute.
Source: Item 23 — RECEIPT (FDD pages 74–251)
What This Means (2025 FDD)
According to Body20's 2025 Franchise Disclosure Document, mediation is typically required before initiating any legal proceedings related to the franchise agreement. However, there are specific exceptions to this rule.
The obligation to mediate does not apply to claims relating to Body20's trademarks (the Marks), non-payment or underpayment of monies owed under the agreement, non-competition covenants, or requests for temporary restraining orders, preliminary injunctions, or other procedures in a court of competent jurisdiction. These exceptions allow either party to seek immediate legal remedies to protect their interests without first engaging in mediation.
This means a Body20 franchisee can bypass mediation and immediately pursue legal action if, for example, Body20 alleges trademark infringement, the franchisee fails to make required payments, or if either party seeks immediate court intervention to prevent irreparable harm. This is a fairly standard set of exceptions in franchise agreements, designed to address situations where speed and decisive action are critical.