Which article of the Crown Gold Exchange Franchise Agreement applies to dispute resolution for the Guaranty?

According to Crown Gold Exchange's 2024 Franchise Disclosure Document, Article 17 of the Franchise Agreement, which pertains to dispute resolution, is applicable to and incorporated into the Guaranty as if it were fully detailed within the Guaranty itself. This means that any disputes arising under the Guaranty will be subject to the same dispute resolution process outlined in Article 17 of the Franchise Agreement.

Article 17.1(a) specifies that any controversy or claim between the parties, including those arising from the Franchise Agreement or its formation, will be resolved through arbitration administered by the American Arbitration Association, following its Commercial Arbitration Rules. There are exceptions for injunctive relief and intellectual property claims, as detailed in subsections (c) and (d). The location for arbitration will be the city and state where Crown Gold Franchising's headquarters are located, as stated in Article 17.1(b).

Article 17.2 addresses damages, stating that each party waives the right to punitive or other monetary damages not measured by the prevailing party's actual damages, except for damages expressly authorized by federal statute or the Franchise Agreement. Article 17.3 includes a waiver of class actions, requiring that claims be resolved on an individual basis.

For a prospective Crown Gold Exchange franchisee, this means that if a dispute arises related to the Guaranty, the resolution process will follow the arbitration procedures outlined in Article 17 of the Franchise Agreement, including the location of arbitration, the waiver of certain types of damages, and the waiver of class actions. It is important for the guarantor to understand these terms, as they will govern how any disputes related to the guaranty are resolved.