Can an association or agent bring a claim on behalf of a Cicis franchisee?
Cicis Franchise · 2025 FDDAnswer from 2025 FDD Document
WE AND YOU AGREE THAT ANY PROCEEDING WILL BE CONDUCTED ON AN INDIVIDUAL BASIS AND THAT ANY PROCEEDING BETWEEN US AND ANY OF OUR AFFILIATES, OR OUR AND THEIR RESPECTIVE SHAREHOLDERS, OFFICERS, DIRECTORS, AGENTS, AND EMPLOYEES, ON THE ONE HAND, AND YOU OR YOUR OWNERS, GUARANTORS, AFFILIATES, AND EMPLOYEES, ON THE OTHER HAND, MAY NOT BE: (I) CONDUCTED ON A CLASS-WIDE BASIS, (II) COMMENCED, CONDUCTED OR CONSOLIDATED WITH ANY OTHER PROCEEDING, (III) JOINED WITH ANY CLAIM OF AN UNAFFILIATED THIRD-PARTY, OR (IV) BROUGHT ON YOUR BEHALF BY ANY ASSOCIATION OR AGENT.
Source: Item 23 — RECEIPTS (FDD pages 65–263)
What This Means (2025 FDD)
According to Cicis's 2025 Franchise Disclosure Document, any proceeding between Cicis and its affiliates, shareholders, officers, directors, agents, and employees, and a franchisee or their owners, guarantors, affiliates, and employees, must be conducted on an individual basis. This means that a franchisee cannot participate in a class-wide proceeding against Cicis.
Furthermore, the agreement explicitly states that proceedings cannot be commenced, conducted, or consolidated with any other proceeding. Franchisees are also prohibited from joining their claim with any claim of an unaffiliated third party.
Most importantly, the agreement specifies that no proceeding can be brought on behalf of a Cicis franchisee by any association or agent. This clause ensures that each franchisee's legal matters are handled individually and prevents collective action through an association or agent.