Does the Illinois Rider to the Care Plus Medical Ucc Franchise Agreement allow for arbitration?
Care_Plus_Medical_Ucc Franchise · 2024 FDDAnswer from 2024 FDD Document
anchise and Multi-Unit Development Agreement dated (the "Agreement"), between Care Plus Medical UCC, LLC, a Wyoming Limited Liability Company ("Care Plus Medical UCC") and, a ("Franchisee"). 1. Definitions. in the Agreement. Capitalized terms used but not defined in this Rider have the meanings given The "Illinois Act" means the Illinois Franchise Disclosure Act of 1987. 2. Governing Law and Jurisdiction. Notwithstanding any provision of the Agreement to the contrary, the Agreement is governed by Illinois law. The parties irrevocably submit to the jurisdiction and venue of the federal and state courts in Illinois, except for matters which the Agreement provides will be resolved by arbitration. 3. Limitation of Claims.
Source: Item 22 — CONTRACTS (FDD page 41)
What This Means (2024 FDD)
According to the 2024 Care Plus Medical Ucc Franchise Disclosure Document, the Illinois Rider to the Franchise Agreement does allow for arbitration. Specifically, it states that the parties submit to the jurisdiction and venue of federal and state courts in Illinois, except for matters which the Agreement provides will be resolved by arbitration.
This means that while Illinois law governs the agreement, and Illinois courts have jurisdiction, disputes that the main Franchise Agreement specifies for arbitration will still be handled through arbitration, not through the court system. This is further supported by the statement that the section regarding waivers does not prevent the arbitration of any claim pursuant to the provisions of Title 9 of the United States Code.
For a prospective Care Plus Medical Ucc franchisee in Illinois, this indicates that certain disputes may be subject to arbitration rather than litigation in court. Franchisees should carefully review the main Franchise Agreement, in conjunction with the Illinois Rider, to understand which types of disputes are subject to arbitration. Understanding this distinction is crucial for assessing the potential costs and processes involved in resolving any future disagreements with Care Plus Medical Ucc.