Where will any meeting, mediation, or arbitration be conducted for Bor Restoration?
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 headquarters. This location will be used regardless of conflict of law provisions or any demands to the contrary. The agreement specifies that this location is the exclusive jurisdiction and venue for such proceedings.
This means that if a Bor Restoration franchisee has a dispute with the company that escalates to mediation or arbitration, they will be required to travel to a location near the company's headquarters for the proceedings. This could present a significant cost and logistical challenge for franchisees who are located far from the headquarters. Franchisees should consider these potential costs when evaluating the franchise opportunity.
The arbitrator in any proceeding will apply all applicable laws and equity permitted under the laws of the state in which Bor Restoration's headquarters is located. This will be done without regard to conflicts of law provisions and to the exclusion of the laws of another state. Franchisees should be aware of the implications of this clause, as it means that the laws of the state where the headquarters is located will govern the arbitration, regardless of where the franchisee is located.