In Washington, can the site of mediation for a Bumper Man franchise be determined by the mediator?
Bumper_Man 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.
Source: Item 22 — CONTRACTS (FDD page 45)
What This Means (2025 FDD)
According to Bumper Man's 2025 Franchise Disclosure Document, for franchises purchased in Washington, the site of mediation can be determined by the mediator. The FDD specifies that the mediation site will be in Washington, or a location mutually agreed upon at the time of mediation, or as determined by the mediator at the time of mediation. This means a prospective Bumper Man franchisee in Washington might have to mediate disputes in a location chosen by the mediator, potentially adding to travel costs and logistical challenges.
This clause is important for potential franchisees to consider, as it removes some control over where disputes are resolved. While the primary location is within Washington, the mediator's discretion could lead to mediation being held in a less convenient location for the franchisee. This is a deviation from a scenario where the franchisee has a say in the mediation location.
It is advisable for a prospective Bumper Man franchisee to discuss this clause with a legal professional to fully understand the implications. They should also consider negotiating a more specific location clause during the franchise agreement negotiation process to avoid potential inconveniences related to travel and logistics if a dispute arises.