Under whose auspices will mediation occur for Crepe De Licious disputes?
Crepe_De_Licious Franchise · 2025 FDDAnswer from 2025 FDD Document
18.01 Mediation. Except as set forth in Section 18.03 below, all claims or disputes between you and us or our affiliates arising out of, or in any way relating to, this Agreement, or any of the parties' respective rights and obligations arising out of this Agreement, shall be submitted first to mediation prior to a hearing in binding arbitration or a trial court proceeding. Such mediation shall take place in Toronto, Ontario, Canada (or our then-current headquarters) under the auspices of the ADR Institute of Canada ("ADR"), in accordance with ADR's Commercial Mediation Rules then in effect. You may not commence any action against us or our affiliates with respect to any such claim or dispute in any court unless mediation proceedings have been terminated either: (i) as the result of a written declaration of the mediator(s) that further mediation efforts are not worthwhile; or (ii) as a result of a written declaration by us. The parties shall each bear their own costs of mediation and shall share equally the filing fee imposed by ADR and the mediator's fees. We reserve the right to specifically enforce our right to mediation. Prior to mediation, and before commencing any legal action against us or our affiliates with respect to any such claim or dispute, you must submit a notice to us, which specifies in detail, the precise nature and grounds of such claim or dispute. We shall not be required to first attempt to mediate or arbitrate a controversy, dispute or claim against you through mediation or arbitration as set forth in Section 18 if such controversy, dispute or claim concerns an allegation by us that you have violated (or threaten to violate, or pose an imminent risk of violating): (a) any of our federally protected intellectual property rights in the Marks, the System, or in any of our trade secrets or confidential information; (b) any claims pertaining to or arising out of any warranty issued; or (c) any of the restrictive covenants contained in this Agreement. We and you (and your owners) agree that the mediation provision shall apply during the term of this Agreement and following the termination, expiration or non-renewal of this Agreement.
Source: Item 22 — CONTRACTS (FDD page 57)
What This Means (2025 FDD)
According to the 2025 Crepe De Licious Franchise Disclosure Document, all claims or disputes between the franchisee and Crepe De Licious, or its affiliates, must first be submitted to mediation before binding arbitration or a trial court proceeding, with some exceptions. This mediation will occur in Toronto, Ontario, Canada (or Crepe De Licious's then-current headquarters).
The mediation will be conducted under the auspices of the ADR Institute of Canada ("ADR"), and will follow ADR's Commercial Mediation Rules then in effect. The franchisee cannot commence any legal action against Crepe De Licious or its affiliates in any court unless mediation proceedings have been terminated. Termination can occur either through a written declaration from the mediator(s) stating that further mediation efforts are not worthwhile, or through a written declaration by Crepe De Licious.
The franchisee and Crepe De Licious will each bear their own costs of mediation. They will also share equally the filing fee imposed by ADR and the mediator's fees. Crepe De Licious retains the right to specifically enforce its right to mediation. Before mediation, the franchisee must submit a detailed notice specifying the nature and grounds of the claim or dispute to Crepe De Licious.
Crepe De Licious is not required to attempt to mediate or arbitrate a controversy, dispute, or claim against the franchisee if the claim concerns an allegation by Crepe De Licious that the franchisee has violated (or threatens to violate, or poses an imminent risk of violating) any of Crepe De Licious's federally protected intellectual property rights in the Marks, the System, or in any of its trade secrets or confidential information; any claims pertaining to or arising out of any warranty issued; or any of the restrictive covenants contained in the Franchise Agreement. The mediation provision applies during the term of the Franchise Agreement and following its termination, expiration, or non-renewal.