Which organization conducts the non-binding mediation for C3 Wellness Spa disputes?
C3_Wellness_Spa Franchise · 2024 FDDAnswer from 2024 FDD Document
NT AND THE RELATIONSHIP BETWEEN THE PARTIES HERETO SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE INTERNAL LAWS OF THE STATE OF FLORIDA, EXCEPT THAT ITS CHOICE OF LAW AND CONFLICTS OF LAWS RULES SHALL NOT APPLY AND ANY FRANCHISE REGISTRATION, DISCLOSURE, RELATIONSHIP OR SIMILAR STATUTE WHICH MAY BE ADOPTED BY THE STATE OF FLORIDA SHALL NOT APPLY UNLESS ITS JURISDICTIONAL REQUIREMENTS ARE MET INDEPENDENTLY WITHOUT REFERENCE TO THIS PARAGRAPH.
18.G. CHOICE OF LAW, NON-BINDING MEDIATION, BINDING ARBITRATION, AND CONSENT TO JURISDICTION
(1) Non-Binding Mediation – Franchisee and Franchisor agree that before either party may bring any action, dispute and/or controversy arising from or related to this Agreement and/or the franchise relationship between Franchisor and Franchisee in arbitration, the parties must first mediate the dispute through non-binding mediation. Mediation shall be non-binding and shall be conducted by the American Arbitration Association ("AAA") in accordance with the AAA's then current rules for the mediation of commercial disputes. All mediation proceedings shall be conducted in Osceola County, Florida or, if a mediator is not available in Osceola County, Florida then at a suitable location selected by the mediator that is located closest to Osceola County, Florida. Mediation shall be conducted by one mediator and if Franchisor and Franchisee cannot agree on a mediator then the mediator shall be selected by the AAA. Mediation shall be conducted within 45 days of the AAA's designation and/or acknowledgment of the selected mediator or such longer period as may be agreed to between Franchisor and Franchisee in writing and signed by each respective party. Franchisor and Franchisee shall each be responsible for their own costs associated with mediation and Franchisor and Franchisee shall each be responsible for and shall each pay 50% of the mediator's fee and the AAA's mediation fees.
Source: Item 23 — RECEIPTS (FDD pages 59–293)
What This Means (2024 FDD)
According to C3 Wellness Spa's 2024 Franchise Disclosure Document, the American Arbitration Association (AAA) conducts the non-binding mediation for disputes between the franchisor and franchisee. The mediation follows the AAA's rules for commercial disputes.
The mediation proceedings will occur in Osceola County, Florida. If a mediator is unavailable there, the proceedings will take place at a location selected by the mediator closest to Osceola County, Florida. A single mediator will preside, chosen either by mutual agreement between C3 Wellness Spa and the franchisee or, if they cannot agree, by the AAA.
The mediation must occur within 45 days of the AAA's designation of the mediator, unless both parties agree to a longer period in writing. Both C3 Wellness Spa and the franchisee are responsible for their own mediation costs and will each pay 50% of the mediator's and the AAA's fees. However, C3 Wellness Spa can elect to not require mediation for disputes involving a breach of the agreement by the franchisee that could entitle C3 Wellness Spa to injunctive relief, or claims related to the failure to pay fees or other monetary obligations.