Which organization will handle the arbitration proceedings for Cream?
Cream Franchise · 2025 FDDAnswer from 2025 FDD Document
ent.
E. RIGHTS OF PARTIES ARE CUMULATIVE.
Our and your rights under this Agreement are cumulative, and our or your exercise or enforcement of any right or remedy under this Agreement will not preclude our or your exercise or enforcement of any other right or remedy which we or you are entitled by law to enforce.
F. ARBITRATION.
We and you agree that all controversies, disputes, or claims between us or any of our affiliates, and our and their respective owners, officers, directors, agents, and employees, on the one hand, and you and your owners, guarantors, affiliates, and employees, on the other hand, arising out of or related to: (1) this Agreement or any other agreement between you (or any of your owners) and us (or any of our affiliates); (2) our relationship with you; (3) the scope or validity of this Agreement or any other agreement between you (or any of your owners) and us (or any of our affiliates) or any provision of any of such agreements (including the validity and scope of this arbitration provision, which is to be determined by an arbitrator, not a court); or (4) any System Standard, must be submitted for binding arbitration, on demand of either party, to the American Arbitration Association (the "AAA"). The arbitration proceedings will be conducted by one arbitrator and, except as this Section otherwise provides, according to the AAA's then-current Commercial Arbitration Rules. All proceedings will be conducted at a suitable location chosen by the arbitrator that is within 50 miles of our or, as applicable, our successor's or assign's then-current principal place of business (currently, Columbus, Ohio). All matters relating to arbitration will be governed by the Federal Arbitration Act (9 U.S.C. §§ 1 et seq.). The interim and final awards of the arbitrator shall be final and binding upon each party, and judgment upon the arbitrator's awards may be entered in any court of competent jurisdiction.
The arbitrator has the right to award or include in his or her awards any relief which he or she deems proper, including money damages, pre- and post-award interest, interim costs and attorneys'
fees, specific performance, and injunctive relief, provided that the arbitrator may not declare any of the trademarks owned by us or our affiliates generic or otherwise invalid, or award any punitive or exemplary damages against any party to the arbitration proceeding (we and you hereby waiving to the fullest extent permitted by law any such right to or claim for any punitive or exemplary damages against any party to the arbitration proceeding).
Source: Item 23 — RECEIPTS (FDD pages 61–192)
What This Means (2025 FDD)
According to Cream's 2025 Franchise Disclosure Document, any disputes or claims arising from the franchise agreement, the relationship between Cream and the franchisee, or any System Standard will be submitted to the American Arbitration Association (AAA) for binding arbitration. The AAA will handle the arbitration proceedings.
The arbitration will be conducted by a single arbitrator, following the AAA's current Commercial Arbitration Rules, except as otherwise specified in the franchise agreement. The location for these proceedings will be determined by the arbitrator but must be within 50 miles of Cream's principal place of business, which is currently in Columbus, Ohio. The Federal Arbitration Act governs all arbitration-related matters.
The arbitrator has the authority to award various forms of relief, including monetary damages, interest, legal fees, specific performance, and injunctive relief. However, the arbitrator cannot invalidate Cream's trademarks or award punitive damages against any party. The prevailing party in any arbitration or legal action related to compliance with the arbitration agreement is entitled to recover costs and expenses, including attorney's fees.