Under the Circle K franchise agreement, where must arbitration take place?

According to the 2025 Circle K Franchise Disclosure Document, any arbitration between TMC and the licensee must occur in Maricopa County, Arizona. However, there is a caveat: if TMC's headquarters are located in a different county at the time arbitration is demanded, the arbitration will take place in that county instead. This location clause is specified within the Circle K Branding Agreement outlined in Exhibit H.

This means that a Circle K franchisee could be required to travel to Arizona for arbitration, or potentially to another location if TMC moves its headquarters. Franchisees should factor in potential travel costs and legal fees associated with arbitration when evaluating the franchise opportunity. It is important to note that this arbitration clause is subject to the Federal Arbitration Act and follows the Center for Public Resources Rules for Non-Administered Arbitration of Business Disputes.

It is also important to note that certain claims are exempt from arbitration, specifically any action for declaratory or equitable relief, including actions seeking injunctive relief or specific performance to prevent harm to tangible or intangible property. This exception allows Circle K or the franchisee to pursue court action for these specific types of claims, rather than being limited to arbitration.