Does the Crisp & Green FDD specify any time limits for initiating arbitration or litigation?
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)
The 2024 Crisp & Green Franchise Disclosure Document outlines the dispute resolution process, but it does not specify any explicit time limits for initiating arbitration or litigation. The FDD indicates that disputes, except for claims seeking injunctive relief, must be arbitrated in the city closest to Crisp & Green's corporate headquarters, which is currently Wayzata, MN. This is subject to applicable state law.
Furthermore, the FDD states that the choice of forum for disputes, whether through arbitration or litigation, is also in the city closest to Crisp & Green's headquarters in Wayzata, MN, again subject to applicable state law. The governing law for these agreements is Minnesota law, although the Minnesota Franchise Act and other franchise-specific laws may not apply to restaurants located outside of Minnesota.
Because the Crisp & Green FDD does not specify time limits for initiating arbitration or litigation, prospective franchisees should seek clarification from Crisp & Green regarding any time-related restrictions or requirements. Understanding these potential limitations is crucial for franchisees to protect their rights and interests in case of future disputes.