Under what conditions can the arbitration or mediation site for a Bombs Away franchise in Washington be outside of Washington?
Bombs_Away Franchise · 2024 FDDAnswer from 2024 FDD Document
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. In addition, if litigation is not precluded by the franchise agreement, a franchisee may bring an action or proceeding arising out of or in connection with the sale of franchises, or a violation of the Washington Franchise Investment Protection Act, in Washington.
Source: Item 23 — RECEIPTS (FDD pages 36–117)
What This Means (2024 FDD)
According to Bombs Away's 2024 Franchise Disclosure Document, for franchises purchased in Washington, the arbitration or mediation site will typically be in Washington state. However, there are two specific exceptions to this rule.
First, the location can be a place mutually agreed upon by both Bombs Away and the franchisee at the time the arbitration or mediation is initiated. This provides an opportunity for both parties to find a location that is convenient or suitable for their specific circumstances.
Second, the arbitrator or mediator themselves can determine the location at the time of the arbitration or mediation. This allows for flexibility based on the specifics of the dispute and the preferences of the neutral party facilitating the process. Therefore, while Washington is the default location, the site can be changed through mutual agreement or by the decision of the arbitrator or mediator.