What arbitration rules govern disputes involving Care Plus Medical Ucc?
Care_Plus_Medical_Ucc Franchise · 2024 FDDAnswer from 2024 FDD Document
- (a) Disputes Subject to Arbitration. Except as expressly provided in subsection (c) and (d), any controversy or claim between the parties (including any controversy or claim arising out of or relating to this Agreement or its formation and including any question of arbitrability) shall be resolved by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules, including the Optional Rules for Emergency Measures of Protection. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction.
- (b) Location. The place of arbitration shall be the city and state where Care Plus Medical UCC's headquarters are located.
- (c) Injunctive Relief. Either party may apply to the arbitrator seeking injunctive relief until the arbitration award is rendered or the controversy is otherwise resolved. Either party also may, without waiving any remedy or right to arbitrate under this Agreement, seek from any court having jurisdiction any interim or provisional injunctive relief.
- (d) Intellectual Property Claims. Either party may bring a claim involving an alleged infringement of any of Care Plus Medical UCC's intellectual property rights in a court authorized to hear such claims under Section 17.5 of this Agreement.
- (e) Confidentiality. All documents, information, and results pertaining to any arbitration or lawsuit will be confidential, except as required by law or as required for Care Plus Medical UCC to comply with laws and regulations applicable to the sale of franchises.
- (f) Performance During Arbitration or Litigation. Unless this Agreement has been terminated, Care Plus Medical UCC and Franchisee will comply with this Agreement and perform their respective obligations under this Agreement during the arbitration or litigation process.
- 17.2 Damages. In any controversy or claim arising out of or relating to this Agreement, each party waives any right to punitive or other monetary damages not measured by the prevailing party's actual damages, except damages expressly authorized by federal statute and damages expressly authorized by this Agreement.
- 17.3 Waiver of Class Actions. The parties agree that any claims will be arbitrated, litigated, or otherwise resolved on an individual basis, and waive any right to act on a class-wide basis.
- 17.4 Time Limitation. Any arbitration or other legal action arising from or related to this Agreement must be instituted within two years from the date such party discovers the conduct or event that forms the basis of the arbitration or other legal action. The foregoing time limit does not apply to claims (i) by one party related to non-payment under this Agreement by the other party, (ii) for indemnity under Article 16, or (iii) related to unauthorized use of Confidential Information or the Marks.
- 17.5 Venue Other Than Arbitration. For any legal proceeding not required to be submitted to arbitration, the parties agree that any such legal proceeding will be brought in the United States District Court where Care Plus Medical UCC's headquarters is then located. If there is no federal jurisdiction over the dispute, the parties agree that any such legal proceeding will be brought in the court of record of the state and county where Care Plus Medical UCC's headquarters is then located. Each party consents to the jurisdiction of such courts and waives any objection that it, he or she may have to the laying of venue of any proceeding in any of these courts.
- 17.6 Legal Costs. In any legal proceeding (including arbitration) related to this Agreement or any guaranty, the non-prevailing party shall pay the prevailing party's attorney fees, costs and other expenses of the legal proceeding. "Prevailing party" means the party, if any, which prevailed upon the central litigated issues and obtained substantial relief.
Source: Item 22 — CONTRACTS (FDD page 41)
What This Means (2024 FDD)
According to Care Plus Medical Ucc's 2024 Franchise Disclosure Document, disputes between the franchisee and Care Plus Medical Ucc will be resolved through arbitration. Except for specific exclusions, any controversy or claim, including those related to the Franchise Agreement's formation or questions of arbitrability, will be administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules, including the Optional Rules for Emergency Measures of Protection. The ruling made by the arbitrator can be entered in any court with proper jurisdiction. The location for arbitration will be the city and state where Care Plus Medical UCC's headquarters is located.
Either party can seek injunctive relief from the arbitrator until an award is given or the issue is resolved. Additionally, either party can seek interim or provisional injunctive relief from a court without giving up their right to arbitrate. However, Care Plus Medical Ucc can bring claims involving alleged intellectual property rights infringements in a court authorized to hear such claims. All documents, information, and results related to any arbitration or lawsuit will be kept confidential, unless disclosure is required by law or for Care Plus Medical UCC to comply with laws and regulations applicable to the sale of franchises.
During arbitration or litigation, both Care Plus Medical Ucc and the franchisee must continue to comply with the Franchise Agreement and fulfill their obligations, unless the agreement has been terminated. Each party also waives the right to punitive or other monetary damages not measured by the prevailing party's actual damages, except for damages expressly authorized by federal statute or the agreement. Furthermore, any claims must be arbitrated, litigated, or resolved on an individual basis, with both parties waiving any right to participate in a class action.
Any arbitration or legal action related to the Franchise Agreement must be initiated within two years from the date the party discovers the conduct or event that forms the basis of the action. This time limit does not apply to claims related to non-payment, indemnity, or unauthorized use of confidential information or the marks. For legal proceedings not subject to arbitration, the parties agree that such proceedings will be brought in the United States District Court where Care Plus Medical UCC's headquarters is located, or if there is no federal jurisdiction, in the court of record of the state and county where Care Plus Medical UCC's headquarters is located. The non-prevailing party in any legal proceeding, including arbitration, will be responsible for paying the prevailing party's attorney fees, costs, and other expenses.