Are there any claims related to Body Brain Center that are exempt from the required arbitration or mediation?
Body_Brain_Center Franchise · 2025 FDDAnswer from 2025 FDD Document
| THE FRANCHISE RELATIONSHIP | ||
|---|---|---|
| PROVISION SECTIONS IN AGREEMENT | SUMMARY | |
| u. Dispute resolution by | Section 22 | Except for certain claims, all disputes must be arbitrated or |
| arbitration or | mediated (except as otherwise disclosed in EXHIBIT "I" to | |
| mediation | this Disclosure Document). | |
| SSA: Section 9.1 | All disputes must be mediated and then arbitrated (except as | |
| otherwise disclosed in EXHIBIT "I" to this Disclosure | ||
| Document). |
Source: Item 17 — RENEWAL**, TERMINATION, TRANSFER, **AND DISPUTE RESOLUTION (FDD pages 34–38)
What This Means (2025 FDD)
According to Body Brain Center's 2025 Franchise Disclosure Document, dispute resolution through arbitration or mediation is generally required. However, there are exceptions to this rule, as indicated by references to EXHIBIT "I" within Item 17.
Specifically, Section 22 of the Franchise Agreement and Section 9.1 of the Software Service Agreement (SSA) state that all disputes must be arbitrated or mediated, "except as otherwise disclosed in EXHIBIT 'I' to this Disclosure Document." This suggests that EXHIBIT "I" contains details about specific types of claims or situations that would be exempt from the standard arbitration and mediation requirements.
Prospective Body Brain Center franchisees should carefully review EXHIBIT "I" to understand which claims are not subject to mandatory arbitration or mediation. It is important to understand what types of disputes would be handled outside of these processes and what legal avenues would be available in those cases. Franchisees should consult with a legal professional to fully understand the implications of these exceptions.