What is the time limit for commencing a judicial proceeding for claims related to the Cicis franchise agreement, excluding non-payment claims?
Cicis Franchise · 2025 FDDAnswer from 2025 FDD Document
- (3) EXCEPT FOR CLAIMS, CONTROVERSIES, AND DISPUTES ARISING FROM YOUR NON-PAYMENT OR UNDERPAYMENT OF AMOUNTS YOU OWE US, ANY AND ALL CLAIMS, CONTROVERSIES, OR DISPUTES ARISING OUT OF OR RELATING TO THIS AGREEMENT OR OUR RELATIONSHIP WITH YOU WILL BE BARRED UNLESS A JUDICIAL PROCEEDING IS COMMENCED IN ACCORDANCE WITH THIS AGREEMENT WITHIN ONE (1) YEAR FROM THE DATE ON WHICH THE PARTY ASSERTING THE CLAIM KNEW OR SHOULD HAVE KNOWN OF THE FACTS GIVING RISE TO THE CLAIMS.
The parties understand that such time limit might be shorter than otherwise allowed by law.
Source: Item 22 — CONTRACTS (FDD pages 64–65)
What This Means (2025 FDD)
According to the 2025 Cicis Franchise Disclosure Document, franchisees have a limited time to bring legal claims against Cicis. Specifically, any claims, controversies, or disputes arising from the franchise agreement or the relationship between Cicis and the franchisee, except for those related to non-payment, must be initiated within one year. This one-year period starts from the date the party asserting the claim knew or should have known about the facts that led to the claim.
This means that if a Cicis franchisee believes Cicis has violated the franchise agreement in some way (excluding issues of non-payment), they must commence a judicial proceeding within one year of discovering the issue. Failure to do so will bar the franchisee from pursuing the claim in court. This limitation could significantly impact a franchisee's ability to seek legal recourse if they delay in recognizing or acting upon a potential claim.
It is important for prospective Cicis franchisees to understand that this time limit might be shorter than what is typically allowed by law. Franchisees should consult with an attorney to fully understand their rights and obligations under the franchise agreement and to ensure they take timely action on any potential claims. This clause underscores the importance of promptly addressing any concerns or disputes that may arise during the franchise relationship to preserve the franchisee's legal options.