Regarding Card My Yard, what is the limitation on the arbitrator's subpoena powers?
Card_My_Yard Franchise · 2025 FDDAnswer from 2025 FDD Document
- d. The arbitrator may issue summary orders disposing of all or part of a claim and provide for temporary restraining orders, preliminary injunctions, injunctions, attachments, claim and delivery proceedings, temporary protective orders, receiverships, and other equitable, interim or final relief.
- i. Each Party consents to the enforcement of such orders, injunctions, etc., by any court having jurisdiction.
- ii. The arbitrator has subpoena powers limited only by the laws of the state of Utah.
Source: Item 23 — RECEIPTS (FDD pages 84–259)
What This Means (2025 FDD)
According to Card My Yard's 2025 Franchise Disclosure Document, the arbitrator's subpoena powers are limited only by the laws of the state of Utah. This means that in any arbitration proceeding between Card My Yard and a franchisee, the arbitrator's ability to compel the attendance of witnesses or the production of documents is subject to the legal restrictions in place in Utah.
For a prospective Card My Yard franchisee, this is important because it defines the scope of evidence that can be obtained during an arbitration. If a dispute arises that leads to arbitration, the franchisee's ability to subpoena witnesses or documents may be affected by Utah law, regardless of where the franchisee's business is located. This could potentially create challenges if critical witnesses or documents are located outside of Utah and are difficult to obtain due to these limitations.
It is advisable for potential franchisees to understand Utah's laws regarding subpoena powers to assess any potential limitations this may impose on their ability to present a case in arbitration. Franchisees should consult with a legal professional to fully understand the implications of this clause and how it might affect their rights in a dispute with Card My Yard.