Is Crave Cookies Franchising required to mediate disputes related to obtaining a writ of attachment?
Crave_Cookies Franchise · 2025 FDDAnswer from 2025 FDD Document
- (b) Exceptions to Mediation.
Franchisee agrees that nothing in this Agreement requires Crave Cookies Franchising to mediate disputes related to any of the following: (1) the validity of Marks, trademarks, service marks, or other Intellectual Property; (2) rights to obtain a writ of attachment or other prejudgment remedies; or (3) Disputes solely for royalty fees or marketing fund contribution fees owed by one party to the other under this Agreement.
Source: Item 22 — CONTRACTS (FDD page 47)
What This Means (2025 FDD)
According to Crave Cookies' 2025 Franchise Disclosure Document, Crave Cookies Franchising is not required to mediate disputes related to rights to obtain a writ of attachment or other prejudgment remedies. This means that if a dispute arises concerning Crave Cookies Franchising's ability to secure a writ of attachment, the franchisee cannot compel Crave Cookies Franchising to participate in mediation as a means of resolving the issue.
This exception to mediation is significant for prospective franchisees because it outlines specific circumstances where Crave Cookies Franchising is not obligated to engage in a potentially lengthy and costly mediation process. Writs of attachment are legal tools used to seize property as security for a potential judgment in a lawsuit. Crave Cookies Franchising likely wants to maintain its ability to quickly secure its interests without the delay of mediation.
For a franchisee, this means understanding that in disputes where Crave Cookies Franchising seeks a writ of attachment, the franchisee may face immediate legal action without the opportunity for prior mediation. This could be particularly relevant in situations involving alleged breaches of contract or disputes over intellectual property, where Crave Cookies Franchising might seek to protect its assets or brand through a writ of attachment. Franchisees should be aware of this provision and consider its potential implications for their relationship with Crave Cookies Franchising.