Does the Crisp & Green Franchise Agreement outline specific procedures for initiating arbitration?
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 Franchise Agreement addresses dispute resolution through arbitration or mediation. Except for claims for injunctive relief that Crisp & Green may seek against a franchisee, all disputes must be arbitrated. The arbitration proceedings will occur in the city closest to Crisp & Green's corporate headquarters, which is currently Wayzata, MN, unless applicable state law dictates otherwise.
The Franchise Agreement also specifies the choice of forum and choice of law. Subject to applicable state law, disputes must be arbitrated or litigated in the city closest to Crisp & Green's corporate headquarters, which is Wayzata, MN. Furthermore, Minnesota law governs the Franchise Agreement, although the Minnesota Franchise Act and other franchise-specific laws of Minnesota generally do not apply to restaurants located outside of Minnesota.
While the FDD indicates that disputes are subject to arbitration, it does not detail the specific procedures for initiating arbitration. A prospective franchisee should consult the franchise agreement for more details and should seek clarification from Crisp & Green regarding the exact steps required to initiate arbitration, including any required notices, timelines, or specific forms that must be used.