What is the process for resolving disputes related to the Crown Gold Exchange franchise agreement?
Crown_Gold_Exchange Franchise · 2024 FDDAnswer from 2024 FDD Document
ARTICLE 17. DISPUTE RESOLUTION
17.1 Arbitration.
- (a) Disputes Subject to Arbitration. Except as expressly provided in subsection (c) and (d), any controversy or claim between the parties (including any controversy or claim arising out of or relating to this Agreement or its formation and including any question of arbitrability) shall be resolved by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules, including the Optional Rules for Emergency Measures of Protection. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction.
- (b) Location. The place of arbitration shall be the city and state where Crown Gold Franchising's headquarters are located.
- (c) Injunctive Relief. Either party may apply to the arbitrator seeking injunctive relief until the arbitration award is rendered or the controversy is otherwise resolved. Either party also may, without waiving any remedy or right to arbitrate under this Agreement, seek from any court having jurisdiction any interim or provisional injunctive relief.
- (d) Intellectual Property Claims. Either party may bring a claim involving an alleged infringement of any of Crown Gold Franchising's intellectual property rights in a court authorized to hear such claims under Section 17.5 of this Agreement.
- (e) Confidentiality. All documents, information, and results pertaining to any arbitration or lawsuit will be confidential, except as required by law or as required for Crown Gold Franchising to comply with laws and regulations applicable to the sale of franchises.
- (f) Performance During Arbitration or Litigation. Unless this Agreement has been terminated, Crown Gold Franchising and Franchisee will comply with this Agreement and perform their respective obligations under this Agreement during the arbitration or litigation process.
- 17.2 Damages. In any controversy or claim arising out of or relating to this Agreement, each party waives any right to punitive or other monetary damages not measured by the prevailing party's actual damages, except damages expressly authorized by federal statute and damages expressly authorized by this Agreement.
- 17.3 Waiver of Class Actions. The parties agree that any claims will be arbitrated, litigated, or otherwise resolved on an individual basis, and waive any right to act on a class-wide basis.
Source: Item 22 — CONTRACTS (FDD pages 38–39)
What This Means (2024 FDD)
According to the 2024 Franchise Disclosure Document, Article 17 of the Crown Gold Exchange franchise agreement outlines the dispute resolution process. Any controversy or claim between Crown Gold Exchange and the franchisee, including those related to the agreement's formation or any question of arbitrability, will be resolved through arbitration. This arbitration will be administered by the American Arbitration Association, following its Commercial Arbitration Rules, including the Optional Rules for Emergency Measures of Protection. The arbitration award can be entered in any court with jurisdiction.
The location for arbitration will be the city and state where Crown Gold Franchising's headquarters are located. However, either party can seek injunctive relief from an arbitrator until an award is rendered or the dispute is resolved. Additionally, either party can seek interim or provisional injunctive relief from any court with jurisdiction without waiving their right to arbitrate.
Notably, claims involving alleged infringement of Crown Gold Franchising's intellectual property rights can be brought in a court authorized to hear such claims. All documents, information, and results pertaining to any arbitration or lawsuit will be kept confidential, except if disclosure is required by law or for Crown Gold Franchising to comply with laws and regulations related to franchise sales. Both Crown Gold Franchising and the franchisee must continue to comply with the agreement and perform their obligations during any arbitration or litigation, unless the agreement has been terminated.
Finally, in any dispute related to the franchise agreement, both parties waive the right to punitive or other monetary damages not measured by the prevailing party's actual damages, unless such damages are expressly authorized by federal statute or the agreement itself. The parties also agree that any claims will be resolved on an individual basis, waiving any right to participate in a class action.