Under what circumstances, at Casiola's option, are claims or disputes related to a breach of the agreement excluded from the arbitration requirement?
Casiola Franchise · 2024 FDDAnswer from 2024 FDD Document
Notwithstanding the preceding paragraph, Franchisor and Franchisee agree this Sub-Article 18.G.(1) and, thereby, the prerequisite requirement of non-binding mediation, shall not, at Franchisor's election, apply to: (a) any claims or disputes related to or concerning a breach of this Agreement by Franchisee that, under the terms of this Agreement, may entitle Franchisor to the award of injunctive relief including, but not limited to, Franchisee's violation or purported violation of Article 6 of this Agreement; and/or (b) claims by either Franchisor or Franchisee under this Agreement that relates to either Franchisor's or Franchisee's failure to pay fees or other monetary obligations due under this Agreement.
Source: Item 23 — RECEIPTS (FDD pages 47–209)
What This Means (2024 FDD)
According to the 2024 Casiola Franchise Disclosure Document, Casiola has the option to exclude certain claims or disputes from the mandatory non-binding mediation and arbitration process. Specifically, this applies to claims related to a breach of the Franchise Agreement by the franchisee that could entitle Casiola to injunctive relief. This includes, but is not limited to, situations where the franchisee violates or allegedly violates Article 6 of the agreement.
Additionally, Casiola can elect to exclude claims by either Casiola or the franchisee that relate to a failure to pay fees or other monetary obligations due under the Franchise Agreement from the mandatory non-binding mediation and arbitration requirements. This means that Casiola can choose to pursue these specific types of disputes in court rather than through mediation or arbitration.
This clause provides Casiola with flexibility in how it addresses certain breaches of the agreement or failures to meet monetary obligations. It allows Casiola to pursue injunctive relief or recover unpaid amounts more quickly through the court system if it deems that approach more appropriate than mediation or arbitration. Prospective franchisees should understand that while most disputes will be subject to mediation and arbitration, Casiola retains the right to litigate specific types of claims in court.