If arbitration is held in Indiana for a Crisp & Green franchise, who selects the location?
Crisp_Green Franchise · 2024 FDDAnswer from 2024 FDD Document
Although the Franchise Agreement and Area Development Agreement require arbitration to be held in the office of the American Arbitration Association closest to the location of our principal executive office, arbitration held under the Franchise Agreement or Area Development Agreement must take place in Indiana if you so request. If you choose Indiana, we have the right to select the location in Indiana.
Source: Item 23 — RECEIPTS (FDD pages 66–252)
What This Means (2024 FDD)
According to the 2024 Crisp & Green Franchise Disclosure Document, if a franchisee requests that arbitration be held in Indiana, Crisp & Green has the right to select the location within Indiana. This is a deviation from the standard agreement, which requires arbitration to be held at the American Arbitration Association office closest to Crisp & Green's principal executive office.
This stipulation is outlined in the addendum specific to Indiana, indicating that Indiana law takes precedence over the standard franchise agreement in this matter. For a prospective franchisee, this means that while they can request arbitration to occur in Indiana, they do not have control over the specific location; Crisp & Green does.
This could be a disadvantage for the franchisee, as Crisp & Green might choose a location that is more convenient for them, potentially increasing travel costs and logistical challenges for the franchisee. It's essential for potential Indiana franchisees to consider this when evaluating the franchise agreement and to discuss potential arbitration scenarios with Crisp & Green during their due diligence.