factual

Where will arbitration occur for Chem Dry franchise disputes, and who bears the costs?

Chem_Dry Franchise · 2024 FDD

Answer from 2024 FDD Document

The Franchise Agreement requires binding arbitration. The arbitration will occur at Nashville, Tennessee or Salt Lake City, Utah with the costs being borne by equally by the parties.

Source: Item 23 — Receipts (FDD pages 68–264)

What This Means (2024 FDD)

According to Chem Dry's 2024 Franchise Disclosure Document, the Franchise Agreement requires binding arbitration to resolve disputes. The location for arbitration will be either Nashville, Tennessee, or Salt Lake City, Utah. The costs associated with the arbitration will be shared equally between the parties involved, meaning the franchisee and Chem Dry will each bear 50% of the expenses.

This clause is significant for prospective franchisees as it dictates the process and location for resolving any potential disputes with Chem Dry. Opting for arbitration means foregoing the right to sue in a traditional court. Franchisees should consider the potential costs of traveling to either Nashville or Salt Lake City for arbitration, as well as the legal fees associated with the process.

The requirement to split arbitration costs equally is a common practice, but franchisees should be aware of this financial obligation. It is advisable to consult with legal counsel to fully understand the implications of the arbitration clause and to assess how it might affect their rights and responsibilities under the Franchise Agreement. Franchisees in California should be aware that certain provisions, such as those restricting venue to a forum outside of California, may not be enforceable under California law.

Disclaimer: This information is extracted from the 2024 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.