Is the choice of forum for Crisp & Green disputes subject to any state law?
Crisp_Green Franchise · 2024 FDDAnswer from 2024 FDD Document
f our website. | | |
| 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 |
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 choice of forum for dispute resolution is subject to applicable state law. Specifically, any disputes that arise must be arbitrated or litigated in the city closest to Crisp & Green's corporate headquarters, which is currently Wayzata, MN. However, this is only if state law allows it.
This means that a franchisee may have to resolve disputes in Minnesota, regardless of where their Crisp & Green franchise is located, which could increase expenses related to travel and legal representation. However, the FDD indicates that the application of this clause is dependent on whether the franchisee's state law permits it. Some states have franchise laws that could override the forum selection clause, requiring disputes to be resolved in the franchisee's home state.
It is important for prospective Crisp & Green franchisees to consult with a legal professional to understand the implications of the forum selection clause in their specific state. This will help them assess the potential costs and legal challenges associated with resolving disputes with the franchisor.