What page of the Counselor Realty franchise agreement discusses the resolution of disputes?
Counselor_Realty Franchise · 2025 FDDAnswer from 2025 FDD Document
10. RESOLUTION OF DISPUTES.
- 10.1 Arbitration. Except as provided below, any dispute arising under or in relation to this Agreement shall be resolved by binding arbitration by the National Center for Dispute Settlement, under its rules for expedited commercial arbitration, in Minneapolis, Minnesota. Each claim or controversy will be arbitrated by Franchisee on an individual basis, and will not be consolidated in any arbitration action with the claim of any other franchisee. The award of the arbitrators is final and binding on all parties. The arbitrators may issue appropriate orders as well as award monetary (but not exemplary or punitive) damages. The prevailing party will be entitled to recover its costs including its reasonable attorneys' fees. We may sue to collect money owed to us, to protect or enforce our rights in the Marks, or to compel inspections or audits.
- 10.2 Injunctive Relief. Your breach of this Agreement could cause irreparable damage to Counselor or to other franchisees. Therefore, upon a breach or threatened breach of any of the terms of this Agreement, we are entitled to an immediate injunction restraining such breach and/or a decree of specific performance, pending arbitration or adjudication, without bond, or having to show or prove any actual damage, and without regard to the availability of an adequate remedy at law.
Source: Item 22 — CONTRACTS (FDD page 32)
What This Means (2025 FDD)
According to the 2025 Counselor Realty Franchise Disclosure Document, Item 22 discusses contracts and includes information about dispute resolution. Specifically, section 10 of Item 22 details the process for resolving disputes related to the franchise agreement.
Counselor Realty mandates that any disputes arising from the franchise agreement will be settled through binding arbitration managed by the National Center for Dispute Settlement, following its expedited commercial arbitration rules. This arbitration will take place in Minneapolis, Minnesota. Each franchisee's claim will be handled individually and will not be combined with claims from other franchisees in a consolidated arbitration action. The arbitrator's decision is final and binding, and they can issue orders and award monetary damages, but not exemplary or punitive damages. The prevailing party in the arbitration is entitled to recover their costs, including reasonable attorney's fees.
However, Counselor Realty retains the right to pursue legal action to collect money owed, protect its rights to its trademarks, or enforce inspections and audits. Additionally, Counselor Realty can seek immediate injunctive relief in the event of a breach or threatened breach of the agreement, without needing to post a bond or prove actual damages. This injunctive relief can include restraining the breach or enforcing specific performance pending arbitration or adjudication.