Where will binding arbitration for Camp Margaritaville disputes be submitted if mediation fails?
Camp_Margaritaville Franchise · 2025 FDDAnswer from 2025 FDD Document
Section 17.03 Arbitration. If the Parties are not able to appoint a Mediator or, if they have appointed one, fail to reach a mutual agreement based on the steps set forth in Section 17.02, within fifteen (15) days following the Parties' failure to appoint a mediator or failure to reach a mutual mediation agreement, then any Party may then submit the dispute for binding arbitration to the JAMS office in Atlanta, Georgia. The rules of JAMS shall, except as set forth below, be utilized in resolving the dispute:
- (a) each Party shall select one independent and impartial arbitrator from the JAMS panel in the Atlanta, Georgia metropolitan area. Within ten (10) days of the date upon which the last of those two (2) arbitrators is selected, the two (2) arbitrators shall select a third arbitrator by mutual agreement from the JAMS panel in the Atlanta, Georgia metropolitan area;
- (b) if the third arbitrator cannot be selected in the manner described in subsection (a), above, then each Party shall submit to the senior administrator of JAMS in Atlanta, Georgia the name of one (1) additional arbitrator, and he or she, using sole discretion, shall select one of those two (2) proposed arbitrators as the third arbitrator, who shall be the Chairperson;
- (c) the arbitration shall take place in Atlanta, Georgia at a location to be decided by majority vote of the arbitrators;
- (d) the arbitrators shall conduct the arbitration and render their written decision or award within one hundred eighty (180) calendar days of their selection, including specific findings of fact and conclusions of law;
- (e) the arbitration shall be binding and not subject to reversal by any court except for acts of intentional misconduct by an arbitrator;
- (f) either Party to this Agreement may apply to any court of competent jurisdiction to enforce an arbitration order; and
(g) if the arbitration panel does not decide any issue connected with the dispute, then either Party to this Agreement may apply to any court of competent jurisdiction for equitable relief and/or damages regarding that issue, after complying with the procedure set forth above.
Source: Item 23 — RECEIPTS (FDD pages 72–406)
What This Means (2025 FDD)
According to Camp Margaritaville's 2025 Franchise Disclosure Document, if mediation fails, any party may submit the dispute for binding arbitration to the JAMS office in Atlanta, Georgia. The rules of JAMS will be used to resolve the dispute, unless otherwise specified.
Each party will select an independent arbitrator from the JAMS panel in Atlanta. The two arbitrators will then select a third arbitrator. If they cannot agree on a third arbitrator, the senior administrator of JAMS in Atlanta will select the third arbitrator. The arbitration will take place in Atlanta, Georgia, at a location decided by the majority vote of the arbitrators.
The arbitrators must conduct the arbitration and render their written decision within 180 calendar days of their selection, including specific findings of fact and conclusions of law. The arbitration will be binding and not subject to reversal by any court, except for acts of intentional misconduct by an arbitrator. Either party may apply to any court of competent jurisdiction to enforce an arbitration order. If the arbitration panel does not decide any issue connected with the dispute, either party may apply to any court of competent jurisdiction for equitable relief and/or damages regarding that issue, after complying with the procedure set forth above.