In Washington, where will arbitration or mediation take place for a Boulder Designs franchise?
Boulder_Designs Franchise · 2025 FDDAnswer from 2025 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, 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 22 — CONTRACTS (FDD page 50)
What This Means (2025 FDD)
According to Boulder Designs' 2025 Franchise Disclosure Document, for franchises purchased in Washington, any arbitration or mediation will occur within the state of Washington. However, the specific location can be determined in one of three ways. First, the location can be a place mutually agreed upon by both Boulder Designs and the franchisee at the time of the arbitration or mediation. Second, if no agreement is reached, the arbitrator or mediator will determine the location at the time of the arbitration or mediation.
This means that franchisees in Washington have some protection regarding the location of dispute resolution proceedings. They won't necessarily be forced to travel to another state, such as Texas (where Boulder Designs is located), unless they specifically agree to it. This can save on travel costs and make it easier to participate in the proceedings.
It is important to note that the franchisee can bring an action or proceeding against Boulder Designs arising out of or in connection with the sale of franchises, or a violation of the Washington Franchise Investment Protection Act, in Washington if litigation is not precluded by the Franchise Agreement.