Is the arbitration location for Crisp & Green subject to any state law?
Crisp_Green Franchise · 2024 FDDAnswer from 2024 FDD Document
| Provision | Section in Franchise | Summary | |
|---|---|---|---|
| or Other Agreement | |||
| u. Dispute resolution by arbitration or mediation | Section 18.05 – Franchise Agreement and Section 9 – Area Development Agreement | Except for claims for injunctive relief, we make seek against you, all disputes must be arbitrated in the city closest to our corporate headquarters (currently Wayzata, MN). Subject to applicable state law. | |
| v. Choice of forum | Section 18.07 – Franchise Agreement and Section 9 – Area Development Agreement | Subject to applicable state law, disputes must be arbitrated or litigated in the city closest to our corporate headquarters (currently Wayzata, MN). | |
| w. Choice of law | Section 18.08 – Franchise Agreement and Section 9 – Area Development Agreement | Subject to applicable state law, Minnesota law applies, provided that the Minnesota Franchise Act and other franchise-specific laws and regulations of the State of Minnesota generally do not apply to Restaurants located outside of Minnesota. |
Source: Item 17 — RENEWAL, TERMINATION, TRANSFER, AND DISPUTE RESOLUTION (FDD pages 52–57)
What This Means (2024 FDD)
According to Crisp & Green's 2024 Franchise Disclosure Document, the location of arbitration is subject to applicable state law. Except for claims for injunctive relief that Crisp & Green may seek against the franchisee, all disputes must be arbitrated in the city closest to Crisp & Green's corporate headquarters, which is currently Wayzata, MN.
This means that while Crisp & Green designates Wayzata, Minnesota, as the primary arbitration location, the specific procedures and rules governing the arbitration may be influenced by the laws of the state where the franchisee is located. This could potentially affect the franchisee's rights and the arbitration process itself.
It is important for a prospective Crisp & Green franchisee to understand how their state's laws might interact with the arbitration process in Minnesota. Franchisees should seek legal counsel to fully understand the implications of this clause and how it might affect their rights in case of a dispute with the franchisor.