factual

What specific aspect of the arbitration process for Checkersrallys franchises is determined by the Franchise and Development Agreements?

Checkersrallys Franchise · 2025 FDD

Answer from 2025 FDD Document

    1. The Franchise Agreement and Development Agreement require binding arbitration. The arbitration will occur in the State of Florida, with the costs being borne as provided in those Agreements. Prospective franchisees are encouraged to consult private legal counsel to determine the applicability of California and federal laws (such as Business and Professions Code Section 20040.5, Code of Civil Procedure Section 1281, and the Federal Arbitration Act) to any provisions of a franchise agreement restricting venue to a forum outside the State of California.

Source: Item 23 — RECEIPTS (FDD pages 92–384)

What This Means (2025 FDD)

According to Checkersrallys's 2025 Franchise Disclosure Document, the Franchise Agreement and Development Agreement specify that arbitration will occur in the State of Florida. Furthermore, the costs associated with the arbitration will be borne as provided in those agreements. This means that prospective franchisees need to be aware that any disputes will be resolved through arbitration in Florida, regardless of where their franchise is located.

This requirement to arbitrate in Florida could increase costs for franchisees who do not reside in Florida, as they may need to travel and hire legal representation in that state. The FDD also encourages prospective franchisees to seek legal counsel to determine the applicability of California and federal laws to any provisions restricting venue to a forum outside the State of California, which suggests this could be a point of concern, especially for franchisees in California.

It is important for potential Checkersrallys franchisees to carefully review the Franchise and Development Agreements to understand how arbitration costs are allocated. They should also consider the potential financial burden of having to arbitrate disputes in Florida. Understanding these aspects of the arbitration process is crucial for making an informed decision about investing in a Checkersrallys franchise.

Disclaimer: This information is extracted from the 2025 Franchise Disclosure Document and is provided for research purposes only. It does not constitute legal or financial advice. Consult with a franchise attorney before making any investment decisions.