For Clear Pest Pros franchisees in Washington, can the arbitrator determine the site of arbitration?
Clear_Pest_Pros Franchise · 2025 FDDAnswer from 2025 FDD Document
-
- Site of Arbitration, Mediation, and/or Litigation.
In any arbitration or mediation involving a franchise purchased in Washington, the arbitration or mediation site will be either in the state of Washington, or in a place mutually agreed upon at the time of the arbitration or mediation, or as determined by the arbitrator or mediator at the time of arbitration or mediation.
In addition, if litigation is not precluded by the franchise agreement, a franchisee may bring an action or proceeding arising out of or in connection with the sale of franchises, or a violation of the Washington Franchise Investment Protection Act, in Washington.
Source: Item 22 — CONTRACTS (FDD pages 67–68)
What This Means (2025 FDD)
According to Clear Pest Pros's 2025 Franchise Disclosure Document, for franchises purchased in Washington, the arbitrator or mediator can determine the site of arbitration or mediation. The site will be in Washington, a mutually agreed-upon location, or a location determined by the arbitrator or mediator. This applies to any arbitration or mediation involving a Clear Pest Pros franchise purchased in Washington.
This provision ensures that franchisees are not forced to travel to a distant or inconvenient location for dispute resolution. It provides flexibility by allowing the parties to agree on a site or, failing that, empowering the arbitrator or mediator to make the determination. This is particularly important for Washington franchisees, as it ensures that the arbitration or mediation process is accessible and fair.
Additionally, the FDD states that Washington franchisees may bring legal action in Washington if litigation is not precluded by the franchise agreement, specifically for issues arising from the sale of franchises or violations of the Washington Franchise Investment Protection Act. This offers further protection and legal recourse within the state.