Which article in the Caring Transitions Franchise Agreement covers dispute resolution?
Caring_Transitions Franchise · 2025 FDDAnswer from 2025 FDD Document
| Provision | Section in Franchise Agreement | Summary |
|---|---|---|
| u. Dispute resolution by arbitration or mediation | 16.2 | Except for certain claims, all disputes must be arbitrated in Hamilton County, Ohio (subject to state law); claims may not be consolidated with claims of other franchisees; parties waive right to jury trial and punitive damages; except for certain claims, all claims must be brought within 1 year, subject to state law. |
| v. Choice of forum | 18.4 | Except for claims arising under a franchise law of the state where the franchised business is located, all litigation or arbitration must be in Hamilton County, Ohio, subject to state law. |
| w. Choice of law | 18.3 Section in Franchise | Except for claims arising under a franchise law of the state where the franchised business is located, Ohio law applies, subject to state law. |
Source: Item 9 — FRANCHISEE'S OBLIGATIONS (FDD pages 21–22)
What This Means (2025 FDD)
According to Caring Transitions' 2025 Franchise Disclosure Document, dispute resolution is addressed in Section 16.2 of the Franchise Agreement, as summarized in Item 17. Specifically, except for certain claims, all disputes must be arbitrated in Hamilton County, Ohio, subject to state law. Franchisees are not allowed to consolidate their claims with those of other franchisees. Both parties waive their right to a jury trial and punitive damages.
The FDD indicates that all claims, except for certain ones, must be brought within one year, although this is also subject to state law. This means a franchisee has a limited time to bring any legal action against Caring Transitions.
Additionally, the choice of forum for litigation or arbitration, as detailed in Section 18.4, is Hamilton County, Ohio, subject to state law, except for claims arising under a franchise law of the state where the franchised business is located. The choice of law, as outlined in Section 18.3, dictates that Ohio law applies, subject to state law, except for claims arising under a franchise law of the state where the franchised business is located. This means that generally Ohio law will govern the franchise agreement, but the laws of the state where the franchise is located may apply to certain claims.