What section of the City Publications Franchise Agreement addresses dispute resolution?
City_Publications Franchise · 2025 FDDAnswer from 2025 FDD Document
s. Modification of the agreement Section 23.F The Franchise Agreement can be modified only by written agreement between you and us. The Manual is subject to change but will not materially alter your fundamental rights. t. Integration/merger clause Section 23.F Only the terms of the Franchise Agreement are binding (subject to state law). Any promises outside the disclosure document and franchise agreement may not be enforceable. Nothing in the Franchise Agreement shall serve to disclaim any representations made in this Disclosure Document. u. Dispute resolution by arbitration or mediation Section 24.G Except for certain claims, all disputes are to be settled by mediation and arbitration. v. Choice of forum Section 24.B Except where state law prohibits, all arbitrations are to be held in Cobb County, Georgia. Claims involving the Marks or Confidential Information must be litigated in Cobb County, Georgia (subject to applicable state law. w. Choice of law Section 24.A Subject to state laws set out in Exhibit H to this Franchise Disclosure Document, Georgia law governs, except that disputes regarding the Marks will be governed by the United States Trademark Act of 1946 (Lanham Act, 15 U.S.C. Sec. 1051 et seq.). Subject to applicable state law.
Source: Item 9 — FRANCHISEE'S OBLIGATIONS (FDD pages 18–19)
What This Means (2025 FDD)
According to the 2025 City Publications Franchise Disclosure Document, Section 24.G of the Franchise Agreement outlines the dispute resolution process. Except for certain claims, all disputes are to be settled through mediation and arbitration. This means that if a franchisee has a disagreement with City Publications, they will generally be required to attempt to resolve it through these alternative dispute resolution methods before pursuing litigation.
Section 24.B specifies that, unless prohibited by state law, all arbitrations will be held in Cobb County, Georgia. However, claims involving City Publications' trademarks or confidential information must be litigated in Cobb County, Georgia, subject to applicable state law. This could mean that a franchisee might have to travel to Georgia to resolve disputes, which could increase costs.
Section 24.A indicates that Georgia law governs the Franchise Agreement, subject to state laws outlined in Exhibit H of the Franchise Disclosure Document. Disputes regarding the trademarks will be governed by the United States Trademark Act of 1946 (Lanham Act). Franchisees should carefully review these sections and Exhibit H to understand their rights and obligations regarding dispute resolution, including any state-specific exceptions or requirements.