If a claim is not subject to arbitration, in which federal court must it be commenced against Cool Binz?

Question

Accepted Answer

|  | Provisions | Section in Franchise Agreement | Summary |
|---|---|---|---|
|  |  |  | with any of your customers or former customers, within: (i) the |
|  |  |  | Territory; (ii) the Territories of any COOL BINZ franchisees, |
|  |  |  | COOL BINZ Company Store, or any other COOL BINZ business |
|  |  |  | operator; or (iii) a radius of 50 miles from the Territory. This |
|  |  |  | provision is subject to state law. |
| s. | Modification | Section 15.J | Modification of the Franchise Agreement must be in writing and |
|  | of Agreement |  | agreed upon by both parties. |
| t. | Integration/me rger clause | Section 15.L | Only the terms of the Franchise Agreement are binding (subject to state law). Any representations or promises outside of the Disclosure Document and Franchise Agreement may not be enforceable. Nothing in the agreement or in any related agreement is intended to disclaim the representations made in the Franchise Disclosure Document. |
| u. | Dispute resolution by arbitration | Sections 15.F.1 and 15.F.2 | You must bring any disputes arising out of the Franchise Agreement or any other agreement with us to our President prior to bringing a claim before any third party in an attempt to resolve the dispute internally. After exhaustion of this internal dispute resolution procedure, all claims or disputes between you and us must be submitted to binding arbitration in Ann Arbor, Michigan, in accordance with the American Arbitration Association’s Commercial Arbitration Rules then in effect. This provision is subject to state law. |
| v. | Choice of forum | Section 15.F.3 | All claims not subject to arbitration must be commenced in the state, or federal court of general jurisdiction in Washtenaw County, Michigan or the United States District Court for the Eastern District of Michigan (subject to applicable state law). |

Source: Item 17 — RENEWAL, TERMINATION, TRANSFER AND DISPUTE RESOLUTION (FDD pages 53–58)

If a claim is not subject to arbitration, in which federal court must it be commenced against Cool Binz?

Answer from 2025 FDD Document

What This Means (2025 FDD)

	Provisions	Section in Franchise Agreement	Summary
			with any of your customers or former customers, within: (i) the
			Territory; (ii) the Territories of any COOL BINZ franchisees,
			COOL BINZ Company Store, or any other COOL BINZ business
			operator; or (iii) a radius of 50 miles from the Territory. This
			provision is subject to state law.
s.	Modification	Section 15.J	Modification of the Franchise Agreement must be in writing and
	of Agreement		agreed upon by both parties.
t.	Integration/me rger clause	Section 15.L	Only the terms of the Franchise Agreement are binding (subject to state law). Any representations or promises outside of the Disclosure Document and Franchise Agreement may not be enforceable. Nothing in the agreement or in any related agreement is intended to disclaim the representations made in the Franchise Disclosure Document.
u.	Dispute resolution by arbitration	Sections 15.F.1 and 15.F.2	You must bring any disputes arising out of the Franchise Agreement or any other agreement with us to our President prior to bringing a claim before any third party in an attempt to resolve the dispute internally. After exhaustion of this internal dispute resolution procedure, all claims or disputes between you and us must be submitted to binding arbitration in Ann Arbor, Michigan, in accordance with the American Arbitration Association’s Commercial Arbitration Rules then in effect. This provision is subject to state law.
v.	Choice of forum	Section 15.F.3	All claims not subject to arbitration must be commenced in the state, or federal court of general jurisdiction in Washtenaw County, Michigan or the United States District Court for the Eastern District of Michigan (subject to applicable state law).