Does Crave Cookies Franchising have the ability to waive the face-to-face meeting requirement in the event of a dispute?
Crave_Cookies Franchise · 2025 FDDAnswer from 2025 FDD Document
- (i) Face-to-Face Meeting.
The Dispute shall first be discussed in a face-to-face meeting between Franchisee and Crave Cookies Franchising at Crave Cookies Franchising's then-current headquarters.
This face-to-face meeting will be held within thirty (30) days of Franchisee or Crave Cookies Franchising providing written notice to the other requesting such meeting.
Crave Cookies Franchising has the right, in its sole discretion, to waive this requirement.
- (ii) Mediation.
If the face-to-face meeting has not resolved the matter successfully, either Franchisee or Crave Cookies Franchising may submit the matter to non-binding mediation using Utah ADR Services or as otherwise mutually agreed.
Franchisee and Crave Cookies Franchising will split the costs, and each will bear their own expenses of any mediation.
The mediation will be conducted exclusively in the city and state of Crave Cookies Franchising's then-current headquarters.
Source: Item 22 — CONTRACTS (FDD page 47)
What This Means (2025 FDD)
According to Crave Cookies's 2025 Franchise Disclosure Document, in the event of a dispute, the franchisee and Crave Cookies Franchising will first participate in a face-to-face meeting at Crave Cookies Franchising's headquarters. This meeting must occur within 30 days of either party requesting it in writing. However, Crave Cookies Franchising has the sole discretion to waive this face-to-face meeting requirement.
If the face-to-face meeting does not resolve the issue, either party can submit the dispute to non-binding mediation, using Utah ADR Services or another mutually agreed-upon service. The costs of mediation will be split between Crave Cookies Franchising and the franchisee, although each party will bear their own expenses. The mediation will take place in the city and state of Crave Cookies Franchising's headquarters.
If mediation is unsuccessful or waived, either the franchisee or Crave Cookies Franchising can initiate a legal suit in the city and state where Crave Cookies Franchising's headquarters is located. The prevailing party in any such suit is entitled to receive costs and expenses, including attorney's fees and court costs, from the non-prevailing party. There are some exceptions to mediation, such as disputes related to the validity of trademarks or intellectual property, rights to obtain a writ of attachment, or disputes solely for unpaid royalty or marketing fund fees.