Under what circumstances can a legal suit be initiated against Crave Cookies without mediation?

According to Crave Cookies' 2025 Franchise Disclosure Document, there are specific circumstances where a franchisee or Crave Cookies Franchising can initiate a legal suit without first going through mediation. Generally, Crave Cookies and its franchisees agree to resolve disputes through a face-to-face meeting and then mediation before pursuing legal action. However, mediation can be waived if both parties agree not to participate.

Crave Cookies is not required to mediate disputes relating to the validity of their trademarks, service marks, or other intellectual property. Additionally, disputes regarding rights to obtain a writ of attachment or other prejudgment remedies, and disputes solely for royalty fees or marketing fund contribution fees owed under the Franchise Agreement, are also exceptions to the mediation requirement.

If mediation is unsuccessful or waived, either the franchisee or Crave Cookies can start a legal suit to enforce the agreement or address any breaches. It is important to note that any legal proceeding must be instituted within two years from the date the conduct or event forming the basis of the legal action is discovered. However, this time limit does not apply to claims related to non-payment, indemnity, or unauthorized use of confidential information or the Crave Cookies' marks.