How are disputes arising under or in connection with the Chem Dry agreement resolved?
Chem_Dry Franchise · 2024 FDDAnswer from 2024 FDD Document
erns your use of the Service. You also may be subject to additional terms and conditions that may apply when you use affiliated or other CDI services, third-party content or third-party software. Any dispute arising under or in connection with this Agreement will be resolved in accordance with the dispute resolution provisions (including any provisions regarding arbitration, governing law, and/or consent to jurisdiction) contained in the Franchise Agreement. This Agreement does not limit any rights that CDI may have under trade secret, copyright, patent,
Exhibit G-4
trademark or other laws. The failure to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision. If any provision of the Agreement is found by a court of competent jurisdiction to be invalid, the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Agreement remain in full force and effect. Any claim or cause of action arising out of or related to use of the Agreement or the Service must be filed within one (1) year after such claim or cause of action arose or be forever barred. If any litigation or other dispute resolution proceeding is commenced between parties to this Agreement to enforce or determine the rights or responsibilities of the parties, the prevailing party or parties in the proceeding will be entitled to receive, in addition to any other relief granted, its reasonable attorneys' fees, expenses, and costs incurred preparing for and participating in the proceeding. The section titles in the Agreement are for convenience only and have no legal or contractual effect. The Agreement will inure to the benefit of CDI and its successors and assigns.
- Survival. Accrued payment obligations and Sections 9, 13, 15, 17, 18, 19, 20, 21 and 22 in the Agreement shall survive the termination of the Agreement.
| If Individuals: |
|---|
| *FRANCHISEE – |
| Individually and Personally |
| *FRANCHISEE – |
| Individually and Personally |
| If corporate entity: |
| *Name of Entity |
| By: |
| Its: |
| CHEM-DRY, INC. |
| Melanie Parker |
| Senior Vice President of Legal |
| & Franchise Administration |
Exhibit G-5
EXHIBIT H TO THE FRANCHISE AGREEMENT
COLLATERAL ASSIGNMENT AND ASSUMPTION OF LEASE
THIS COLLATERAL ASSIGNMENT AND ASSUMPTION OF LEASE made, entered into and effective on (the "Effective Date") by and between: (i) (the "Franchisor"); and (ii) (the "Franchisee"). (this "Assignment") is BACKGROUND INFORMATION The Franchisor entered into that certain Franchise Agreement (the "Franchise Agreement") dated (the "Franchised Business") located at as of with the Franchisee, pursuant to which the Franchisee plans to own and operate a franchised business (the "Site"). In addition, pursuant to that certain Lease Agreement (the "Lease"), the Franchisee has leased or will lease certain space containing the Franchised Business The Franchise Agreement requires the described therein from (the "Lessor"). Franchisee to deliver this Assignment to the Franchisor as a condition to the grant of a franchise. OPERATIVE TERMS The Franchisor and the Franchisee agree as follows:
Source: Item 22 — CONTRACTS (FDD page 68)
What This Means (2024 FDD)
According to Chem Dry's 2024 Franchise Disclosure Document, disputes arising from the Software License Agreement will be resolved according to the dispute resolution provisions within the Franchise Agreement. Any claims or causes of action must be filed within one year of the event or will be barred. If litigation or dispute resolution is initiated, the prevailing party can recover reasonable attorney's fees, expenses, and costs.
For franchisees in Washington, the Washington Franchise Investment Protection Act (Chapter 19.100 RCW) may supersede the franchise agreement in areas of termination and renewal. Court decisions may also supersede the franchise agreement in these areas. Any arbitration or mediation involving a franchise purchased in Washington will occur in Washington or a mutually agreed-upon location.
Chem Dry's Software License Agreement includes a limitation of liability. Chem Dry and its vendors, officers, agents, or employees will not be liable for any indirect, incidental, special, consequential, or exemplary damages, including damages for loss of profits, goodwill, use, content, or other intangible losses. Chem Dry will also not be liable for any interruption of business, access delays or interruptions, content non-delivery, mis-delivery, corruption, destruction or other modification, or events beyond Chem Dry's reasonable control. In no event will Chem Dry's maximum aggregate liability exceed the total amount paid by the franchisee to Chem Dry for the service during the twelve months immediately preceding the event giving rise to liability.