In the event of arbitration between the parties, what happens to the award rendered by the arbitrator(s) for Bumper Man?
Bumper_Man Franchise · 2025 FDDAnswer from 2025 FDD Document
- (6) Enforcement of Arbitration Awards. Judgment upon the award rendered by the arbitrator(s) in any arbitration between the Parties may be entered by any court of competent jurisdiction.
- (7) Contingency. If for any reason the binding arbitration provisions of this Agreement are not enforceable, the exclusive forum for resolution of any otherwise Arbitrable Claims will be the United States District Court for the Northern District of Texas, Dallas Division except that, if the federal court lacks subject matter jurisdiction, the forum shall be the District Court of Dallas County, Texas. The provisions of this Section 24(c)(7) will not apply to any claim for temporary injunctive relief pending arbitration filed pursuant to Section 24(c)(5) above.
- (d) Consent to Jurisdiction and Venue. To the extent that this Agreement permits or requires litigation, the Parties hereby irrevocably submit to the exclusive jurisdiction provision of Section 24(c)(7) (the "Chosen Forum"). By execution and delivery of this Agreement, each Party hereby irrevocably waives, to the fullest extent it may effectively do so, any claim that it is not personally subject to the jurisdiction of the Chosen Forum or that the Chosen Forum is not a convenient forum. By execution and delivery of this Agreement, each Party hereby agrees not to assert, by way of motion, as a defense, or otherwise, in any such suit, action, or proceeding, any claim that it is not personally subject to the jurisdiction of the Chosen Forum or that the Chosen Forum is not a convenient forum. Franchisor and Franchisee agree that a final judgment (as to which all appeals have been exhausted or the time within which such appeals may be made has expired) in any such action or proceeding will be conclusive and may be enforced
in any other jurisdiction by suit on the judgment or in any other manner provided by law.
Source: Item 23 — RECEIPTS (FDD pages 45–180)
What This Means (2025 FDD)
According to the 2025 Bumper Man Franchise Disclosure Document, any court of competent jurisdiction may enter a judgment upon the award rendered by the arbitrator(s) in any arbitration between the parties. This means that the arbitration award can be legally enforced through the court system.
If the binding arbitration provisions are not enforceable for any reason, the exclusive forum for resolving any otherwise arbitrable claims will be the United States District Court for the Northern District of Texas, Dallas Division. However, if the federal court lacks subject matter jurisdiction, the forum will be the District Court of Dallas County, Texas. This ensures that there is a designated legal venue for resolving disputes if arbitration is not possible.
Bumper Man and the franchisee both irrevocably submit to the exclusive jurisdiction provision and waive any claim that they are not personally subject to the jurisdiction of the chosen forum or that the chosen forum is not a convenient forum. They also agree not to assert any claim that they are not personally subject to the jurisdiction of the chosen forum or that the chosen forum is not a convenient forum. A final judgment in any such action or proceeding will be conclusive and may be enforced in any other jurisdiction by suit on the judgment or in any other manner provided by law.