factual

Where will the arbitration hearing take place for disputes involving Buona?

Buona Franchise · 2025 FDD

Answer from 2025 FDD Document

The arbitration hearing shall take place in Cook County, Illinois, before a single arbitrator. Any party who fails or refuses to submit any dispute to binding arbitration following a lawful demand by the opposing party shall bear all costs and expenses incurred by the opposing party in compelling arbitration. The parties shall have thirty days after the service of a Statement of Claim and demand for arbitration to agree on a single arbitrator. If the parties cannot agree on a single arbitrator, the matter will be filed with and administered by the AAA, or if AAA is not available, any comparable arbitration body.

Source: Item 22 — CONTRACTS (FDD page 78)

What This Means (2025 FDD)

According to Buona's 2025 Franchise Disclosure Document, any arbitration hearing will take place in Cook County, Illinois. This applies to controversies, disputes, or claims between Buona, its affiliates, and their respective owners, officers, directors, agents, employees, and attorneys, and the franchisee (including affiliates, owners, and guarantors). These disputes must arise out of or relate to the Franchise Agreement or any other agreement between the parties.

This clause covers a broad range of potential disputes, including those related to the parties' rights and obligations, Buona's relationship with the franchisee, and the validity of the agreements. However, disputes related to the franchisee's use of Buona's trademarks or confidential information, and the franchisee's compliance with non-competition obligations, are specifically excluded from this arbitration requirement.

The FDD also specifies that any party failing to submit to binding arbitration after a lawful demand will bear all costs and expenses incurred by the opposing party in compelling arbitration. The parties have 30 days after a Statement of Claim to agree on a single arbitrator. If they cannot agree, the matter will be administered by the American Arbitration Association (AAA) or a comparable arbitration body if the AAA is unavailable. This arrangement ensures a structured process for resolving disputes, but franchisees should be aware that they may need to travel to Cook County, Illinois, for arbitration hearings.

Disclaimer: This information is extracted from the 2025 Franchise Disclosure Document and is provided for research purposes only. It does not constitute legal or financial advice. Consult with a franchise attorney before making any investment decisions.