factual

Does the Clean Your Dirty Face agreement specify who pays the costs of arbitration?

Clean_Your_Dirty_Face Franchise · 2025 FDD

Answer from 2025 FDD Document

17.C. COSTS AND ATTORNEYS' FEES.

The prevailing party in any arbitration or litigation arising out of or relating to this Agreement shall be entitled to recover from the other party all damages, costs and expenses, including court costs and reasonable attorney's fees, incurred by the prevailing party in successfully enforcing any provision of this Agreement.

Source: Item 22 — CONTRACTS (FDD page 54)

What This Means (2025 FDD)

According to the 2025 Clean Your Dirty Face Franchise Disclosure Document, the prevailing party in any arbitration or litigation is entitled to recover costs and expenses from the other party. This includes damages, court costs, and reasonable attorney's fees incurred while enforcing the Franchise Agreement. This clause aims to ensure that the party who wins a dispute is not financially burdened by the legal process.

For a prospective Clean Your Dirty Face franchisee, this means that if they are involved in a dispute with the franchisor that goes to arbitration or litigation, the franchisee could be responsible for covering Clean Your Dirty Face's legal costs if Clean Your Dirty Face prevails. Conversely, if the franchisee wins, Clean Your Dirty Face would be responsible for the franchisee's legal costs. This creates a financial risk for both parties, depending on the outcome of any legal proceedings.

It is important to note that the ability to recover costs and attorney's fees applies to both arbitration and litigation. This encourages both parties to act reasonably and in good faith during any dispute, as the potential financial consequences of losing could be significant. Franchisees should carefully consider this clause and factor in potential legal costs when evaluating the overall financial risks and benefits of investing in a Clean Your Dirty Face franchise.

Disclaimer: This information is extracted from the 2025 Franchise Disclosure Document and is provided for research purposes only. It does not constitute legal or financial advice. Consult with a franchise attorney before making any investment decisions.