Where will mediation or arbitration be held for Canopy Lawn Care franchisees in North Dakota?
Canopy_Lawn_Care Franchise · 2025 FDDAnswer from 2025 FDD Document
Any provision requiring franchisees to consent to the jurisdiction of courts outside North Dakota or to consent to the application of laws of a state other than North Dakota may be unenforceable under North Dakota law. Any mediation or arbitration will be held at a site agreeable to all parties. If the laws of a state other than North Dakota govern, to the extent that such law conflicts with North Dakota law, North Dakota law will control.
Source: Item 17 — RENEWAL, TERMINATION, TRANSFER AND DISPUTE RESOLUTION (FDD pages 45–47)
What This Means (2025 FDD)
According to Canopy Lawn Care's 2025 Franchise Disclosure Document, any mediation or arbitration involving a North Dakota franchisee will be held at a location agreeable to all parties involved. This means that the franchisee and Canopy Lawn Care must both consent to the site of the mediation or arbitration.
This stipulation is part of an addendum to the franchise agreement that addresses specific considerations under North Dakota law. The addendum clarifies that if any provision in the standard franchise agreement conflicts with North Dakota law, North Dakota law will take precedence. This ensures that franchisees in North Dakota are protected by their state's laws regarding dispute resolution.
For a prospective Canopy Lawn Care franchisee in North Dakota, this means they have the right to negotiate the location of any mediation or arbitration proceedings. While the initial franchise agreement might specify a different location, the North Dakota addendum ensures that the franchisee's preference is considered and that a mutually agreeable site is chosen. This can save the franchisee travel costs and ensure the proceedings are held in a more convenient location.