What is considered a 'Dispute' according to the Crave Cookies franchise agreement?
Crave_Cookies Franchise · 2025 FDDAnswer from 2025 FDD Document
Cookies Franchising and Franchisee agrees that it is important to resolve any disputes amicably, quickly, inexpensively, and professionally so that Crave Cookies Franchising and Franchisee can return to business as soon as possible. Crave Cookies Franchising and Franchisee have agreed that the provisions of this Article 17 support these mutual objectives and, therefore, agree to the following.
- (a) Dispute Resolution. Crave Cookies Franchising and Franchisee agree that any dispute, controversy, issue, claim, or action whatsoever ("Dispute") between Crave Cookies Franchising, or its affiliates, shareholders, members, managers, officers, directors, agents, employees, and attorneys arising out of or relating to this Agreement, or any other agreement
between Franchisee and Crave Cookies Franchising, the Business, except those outlined under paragraph (b) below, will be exclusively processed in the following manner:
- (i) Face-to-Face Meeting.
Source: Item 22 — CONTRACTS (FDD page 47)
What This Means (2025 FDD)
According to the 2025 Crave Cookies Franchise Disclosure Document, a 'Dispute' encompasses a broad range of disagreements. Specifically, it includes any dispute, controversy, issue, claim, or action of any kind between the franchisee and Crave Cookies Franchising (including its affiliates, shareholders, members, managers, officers, directors, agents, employees, and attorneys).
This definition extends to disagreements arising out of or relating to the Franchise Agreement itself, or any other agreement between the franchisee and Crave Cookies. It also covers disputes related to the Crave Cookies business. This means that virtually any conflict, from disagreements over marketing strategies to issues with the supply chain, could be considered a 'Dispute' under the agreement.
However, there are exceptions to this broad definition. Crave Cookies Franchising is not required to mediate disputes related to the validity of trademarks, service marks, or other intellectual property. They also do not have to mediate disputes regarding rights to obtain a writ of attachment or other prejudgment remedies, or disputes solely for royalty fees or marketing fund contribution fees owed by one party to the other under the agreement. These exceptions allow Crave Cookies to pursue legal action more directly in cases where intellectual property or payment obligations are at stake.