For a Camp Margaritaville franchise purchased in Washington, where will arbitration or mediation take place?
Camp_Margaritaville 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. In addition, if litigation is not precluded by the franchise agreement, a franchisee may bring an action or proceeding arising out of or in connection with the sale of franchises, or a violation of the Washington Franchise Investment Protection Act, in Washington.
Source: Item 23 — RECEIPTS (FDD pages 72–406)
What This Means (2025 FDD)
According to Camp Margaritaville's 2025 Franchise Disclosure Document, for franchises purchased in Washington, the arbitration or mediation site will be in Washington. However, the location can be 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.
This means that if a Camp Margaritaville franchisee in Washington has a dispute with the franchisor that goes to arbitration or mediation, the proceedings will generally take place within the state of Washington. This can be a significant benefit for the franchisee, as it reduces travel costs and logistical challenges associated with resolving disputes. It is fairly common for franchise agreements to specify a particular location for dispute resolution, often the location of the franchisor's headquarters, which could be in a different state than the franchisee's business.
However, there are exceptions. The location can be altered if both parties agree to a different site during the arbitration or mediation process. Additionally, the arbitrator or mediator has the authority to determine the location at the time of the proceedings. This provides some flexibility but ultimately ensures that the franchisee's initial advantage of having the proceedings in Washington can be modified through mutual agreement or by the decision of the arbitrator or mediator.
Furthermore, the FDD specifies that if litigation is not precluded by the franchise agreement, a franchisee can bring an action or proceeding arising out of or in connection with the sale of franchises, or a violation of the Washington Franchise Investment Protection Act, in Washington. This offers an additional layer of protection for franchisees in Washington, allowing them to pursue legal action within their home state under certain circumstances.