Where will mediation or arbitration proceedings started pursuant to the Crisp & Green franchise agreement or area development agreement take place?
Crisp_Green Franchise · 2024 FDDAnswer from 2024 FDD Document
In recognition of the requirements of the South Dakota Franchise Act, South Dakota Codified Laws Chapter 37-5B, the Franchise Disclosure Document for Crisp & Green in connection with the offer and sale of franchises for use in the State of South Dakota shall be amended to include the following:
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- Although the franchise agreement and area development agreement require all mediation or arbitration proceedings to be at the office of the American Arbitration Association in the city closest to our principal executive office, the site of any mediation or arbitration started pursuant to the franchise agreement or area development agreement will be at a site mutually agreed upon by you and us.
Source: Item 23 — RECEIPTS (FDD pages 66–252)
What This Means (2024 FDD)
According to Crisp & Green's 2024 Franchise Disclosure Document, the location for mediation or arbitration proceedings depends on the franchisee's location. Generally, the franchise agreement and area development agreement require all mediation or arbitration proceedings to be at the office of the American Arbitration Association in the city closest to Crisp & Green's principal executive office. However, this is superseded by state-specific addenda.
For franchisees in South Dakota, the site of any mediation or arbitration will be at a site mutually agreed upon by the franchisee and Crisp & Green. For franchisees in Washington, the arbitration or mediation site will be either in the state of Washington, or in a place mutually agreed upon at the time of the arbitration or mediation, or as determined by the arbitrator or mediator at the time of arbitration or mediation.
These stipulations are important for prospective franchisees to consider, as the location of arbitration or mediation can significantly impact the cost and convenience of resolving disputes. Franchisees should be aware of the specific addenda applicable to their state and understand their rights regarding the location of these proceedings.