In Washington, where will arbitration or mediation take place for a Boulder Designs franchise purchased in Washington?
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, a 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 17 — RENEWAL, TERMINATION, TRANSFER AND DISPUTE RESOLUTION (FDD pages 38–44)
What This Means (2025 FDD)
According to Boulder Designs' 2025 Franchise Disclosure Document, for franchises purchased in Washington, the arbitration or mediation site will be in Washington state. However, the location can also be a place mutually agreed upon at the time of the arbitration or mediation. The arbitrator or mediator can also determine the location during the arbitration or mediation proceedings.
This means that franchisees in Washington have some protection regarding where disputes are resolved, ensuring it is not automatically held in a distant or inconvenient location. This contrasts with some franchise agreements that mandate arbitration or mediation take place at the franchisor's headquarters or a location of their choosing, potentially increasing costs and logistical challenges for the franchisee.
Additionally, the FDD states that if litigation is not precluded by the franchise agreement, a franchisee can 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. This provides an additional layer of protection for Washington franchisees, allowing them to pursue legal action within their home state under certain circumstances.