When providing written notice to Cinch I.T. regarding a dispute, what must the notice designate?
Cinch_I_T Franchise · 2024 FDDAnswer from 2024 FDD Document
e that it is in each of Our best interests to resolve claims, controversies and disputes arising out of or relating to Your operation of the Franchised Business under this Agreement between Us in an orderly fashion and in a consistent manner. For that reason, We and You agree as follows:
- (i) Except for matters where either party seeks equitable relief, neither party will seek a judicial resolution of a dispute between them without first requesting a meeting or telephone conference with the other party by written notice, which notice will designate a party who is a senior executive with authority to reach a resolution of the dispute on their behalf. The party receiving the notice will also designate a representative of similar
authority for the purpose of discussing the specific matter in dispute. If the Franchisee is an individual, You will be Your designated representative. At least one meeting or telephone conference of the designated representatives will be held in an effort to resolve the dispute. The parties will agree on a location, date and time for the meeting or telephone conference which must be within thirty (30) days of the initial notice.
Source: Item 23 — RECEIPTS (FDD pages 60–269)
What This Means (2024 FDD)
According to Cinch I.T.'s 2024 Franchise Disclosure Document, before seeking judicial resolution of a dispute, either party must first request a meeting or telephone conference with the other party by written notice. This notice must designate a party who is a senior executive with the authority to reach a resolution on their behalf.
The party receiving the notice is then required to designate a representative with similar authority to discuss the matter in dispute. If the Multi-Unit Developer is an individual, they will be their designated representative. If the Multi-Unit Developer is a legal entity, their Operating Principal will be their designated representative.
This process is designed to encourage both Cinch I.T. and its franchisees to attempt to resolve disputes through direct communication between authorized representatives before resorting to more formal and costly legal proceedings such as mediation or arbitration. This initial step emphasizes the importance of internal resolution and can potentially save time and money for both parties involved.