Where will the mediation proceeding take place for a Boulder Designs franchise in McLennan County, Texas?
Boulder_Designs Franchise · 2025 FDDAnswer from 2025 FDD Document
The mediation proceeding shall take place in the McLennan County, Texas.
In connection with any mediation proceeding the provisions of Rule 408 of the Federal Rules of Evidence."
Upon submission, the obligation to attend mediation in the county and state designated by Franchisor (currently McLellan County, Texas) is binding on both parties.
To initiate mediation, either Franchisor or Franchisee shall appoint one mediator and after appointment of the mediator, shall notify in writing the other of such appointment within three business days after selection of said mediator. The mediation shall be conducted in McLellan County, Texas as directed by the sole mediator.
If the first mediation between the Franchisor and Franchisee is not successful, both parties agree, prior to instituting any court action except as excluded within this Section, to participate in a second mediation session, and a third if necessary, which shall last at least eight hours or until an agreement is reached whichever occurs first.
Neither illness, Covid, inconvenience, weather, or any other reason shall serve to excuse your personal appearance for mediation.
Source: Item 22 — CONTRACTS (FDD page 50)
What This Means (2025 FDD)
According to Boulder Designs' 2025 Franchise Disclosure Document, the mediation proceeding for a franchise will take place in McLennan County, Texas. The FDD specifies that the obligation to attend mediation in McLennan County, Texas is binding on both parties.
To initiate mediation, either Boulder Designs or the franchisee must appoint a mediator and notify the other party in writing within three business days of the selection. The mediation itself will be conducted in McLennan County, Texas, as directed by the mediator.
If the initial mediation is unsuccessful, both parties must participate in a second, and if necessary, a third mediation session, each lasting at least eight hours, before pursuing any court action. Personal appearance for mediation is mandatory, and excuses such as illness or weather will not be accepted.