Where will any Bor Restoration meeting, mediation, or arbitration be conducted?
Bor_Restoration Franchise · 2024 FDDAnswer from 2024 FDD Document
- a. Any meeting, mediation, or arbitration will be conducted exclusively at a neutral location within 15 miles of our then-current headquarters without regard to conflict of law provisions or forum nonconveniens demand to the contrary and to the exclusion of any other jurisdiction or venue.
- b. The arbitrator in any proceeding under this Article will apply all Applicable Laws and equity permitted under the laws of the state in which our headquarters is then located without regard to conflicts of law provisions and to the exclusion of the laws of another state.
Source: Item 23 — Receipts (FDD pages 40–202)
What This Means (2024 FDD)
According to Bor Restoration's 2024 Franchise Disclosure Document, any meeting, mediation, or arbitration will be conducted at a neutral location within 15 miles of Bor Restoration's then-current headquarters. This location will be used regardless of conflict of law provisions or any demand to the contrary. The agreement specifies that this location is to the exclusion of any other jurisdiction or venue.
This clause is significant for prospective franchisees as it mandates that all dispute resolution processes occur near Bor Restoration's headquarters, potentially creating logistical and financial burdens for franchisees located further away. Franchisees may incur travel, accommodation, and legal representation costs to attend these proceedings.
Furthermore, the arbitrator is required to apply the laws of the state in which Bor Restoration's headquarters is located, without regard to conflict of law provisions, potentially disadvantaging franchisees if their local laws differ. This could impact the outcome of disputes, as the arbitrator's decisions will be based on the legal framework most familiar to Bor Restoration. Franchisees should consider these factors and associated costs when evaluating the franchise opportunity.