How are disputes concerning the Bor Restoration franchise agreement release resolved?
Bor_Restoration Franchise · 2024 FDDAnswer from 2024 FDD Document
orceable Release, which shall be binding upon the Parties to the fullest extent permissible.
-
- Notwithstanding the terms of this Release, nothing herein relieves any Party of the obligation to maintain the confidentiality of any confidential, trade secret, proprietary, or similar information of any other Party. The terms of this Release are and will remain confidential and will not be disclosed by any Party to any Person except as required by legal process and required to be disclosed in Franchisor's Franchise Disclosure Document.
-
- In the event of a dispute concerning this Release, the Parties agree that the alternative dispute resolution provisions of the Franchise Agreement found at Article 16 are incorporated herein by this reference as if fully set forth here.
-
- If any mandatory provisions of the governing state law limit or prohibit the use of this Release, or which in any manner impose different rights or obligations as are found herein, then such mandatory provisions of state law shall be deemed incorporated in the Franchise Agreement and this Release by reference and shall prevail over any inconsistent terms in this Release.
Source: Item 23 — Receipts (FDD pages 40–202)
What This Means (2024 FDD)
According to the 2024 Bor Restoration Franchise Disclosure Document, disputes concerning the release are resolved through the alternative dispute resolution provisions outlined in Article 16 of the Franchise Agreement. This means that if there is a disagreement about the Release, the parties involved will follow the dispute resolution process detailed in the Franchise Agreement, as if those terms were fully included in the Release itself.
This incorporation of Article 16 is significant because it dictates the specific steps and methods (such as mediation or arbitration) that Bor Restoration franchisees must use to address and resolve disputes related to the Release. It ensures that such disputes are handled according to a pre-agreed framework, rather than immediately resorting to litigation.
However, the FDD also notes an important exception: claims arising from representations made in the Franchise Disclosure Document itself are excluded from this release. This means a franchisee isn't prevented from pursuing claims based on misrepresentations in the FDD, regardless of the release. Additionally, mandatory provisions of state law that limit or prohibit the use of the Release, or impose different rights or obligations, are incorporated into the Franchise Agreement and the Release and will take precedence over any inconsistent terms in the Release, unless the franchisee agrees to abide by the terms of the Release or the state law is preempted by federal law.