What parties are included in the release of claims against Christian Brothers Automotive?
Christian_Brothers_Automotive Franchise · 2025 FDDAnswer from 2025 FDD Document
(a) If a dispute, controversy or claim arises between or among any or all of the parties, including without limitation any dispute, controversy or claim that arises out of or relates to this Agreement or any other agreement, instrument, or relationship between the parties, or the breach, termination or invalidity of the Agreement or any such other agreement or instrument, AND including but not limited to a claim based on or arising out of a claim for tortious interference or other tortious or statutory claims arising before, during or after termination of this Agreement and including any dispute that involves any or all of the parties and any employee, officer, director, supervisor or member of management of either party hereto (collectively the "Dispute"), and if the Dispute cannot be settled through direct discussions, the parties agree to resolve the Dispute by binding arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules (the "Rules"), and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Any arbitration hereunder shall be pursuant to the applicable rules of the American Arbitration Association as set out above except to the extent modified in this Section. The parties acknowledge that this Agreement and/or the dealings of the parties involve interstate commerce and that the Federal Arbitration Act applies to any arbitration hereunder. Any such arbitration shall be conducted before three (3) arbitrators unless the parties agree in writing to a different number. No arbitration shall be conducted before an even number of arbitrators.
Source: Item 23 — RECEIPTS (FDD pages 76–372)
What This Means (2025 FDD)
According to Christian Brothers Automotive's 2025 Franchise Disclosure Document, the dispute resolution agreement encompasses disputes between any or all parties involved. This includes, without limitation, disputes arising from the Franchise Agreement itself, any other agreements or relationships between the parties, or issues related to the breach, termination, or invalidity of these agreements. The scope extends to claims of tortious interference, statutory claims occurring before, during, or after the termination of the agreement.
Specifically, the agreement includes any dispute involving the parties and their employees, officers, directors, supervisors, or members of management. This broad inclusion ensures that a wide range of potential conflicts, even those involving individuals connected to either the franchisee or Christian Brothers Automotive, are subject to the dispute resolution process. The document specifies that if these disputes cannot be resolved through direct discussions, they will be settled through binding arbitration managed by the American Arbitration Association.
This means that a Christian Brothers Automotive franchisee is agreeing to resolve disputes not only with the franchisor directly but also with a wide array of individuals associated with the franchisor. It is important for a prospective franchisee to understand that this commitment to binding arbitration covers a broad spectrum of potential claims and that the decision of the arbitrator(s) will be final and enforceable in court.