Where must mediation and arbitration proceedings be held for Deck Medic franchise disputes?

Question

Accepted Answer

| q. | Non-competition covenants during the term of the franchise                | 6     | No involvement in any competitive business and must comply with confidentiality, non-disclosure and non solicitation covenants.                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                          |
|----|------------------------------------------------------------------------------|-------|------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|
| r. | Non-competition covenants after the franchise is terminated or expires | 6, 17 | No involvement, ownership or interest whatsoever for 24 months in any competing business in: your Operating Territory; a 25 mile radius of your Operating Territory; the Operating Territory of any other Deck Medic Business; and you must comply with confidentiality, non-disclosure and non-solicitation covenants.                                                                                                                                                                                                                                                                                                |
| s. | Modification of the agreement | 18.L. | Requires writing signed by you and us, except for unilateral |
|  |  |  | changes that we may make to the Manuals or our unilateral |
|  |  |  | reduction of the scope of a restrictive covenant that we may |
|  |  |  | make in our discretion. |
| t. | Integration/merger clauses | 18.M. | Only the terms of the Franchise Agreement and schedules to |
|  |  |  | the Franchise Agreement and the respective signed exhibits |
|  |  |  | to the Franchise Agreement are binding, subject to state law. |
|  |  |  | Nothing in any agreement is intended to disclaim the |
|  |  |  | express representations made in the Franchise Disclosure |
|  |  |  | Document, its exhibits and amendments. |
| u. | Dispute resolution by arbitration or mediation                            | 18.G. | Except for certain claims for injunctive relief, all disputes must first be submitted to non-binding mediation in Will County, Illinois and, if mediation is unsuccessful, then to binding arbitration in Will County, Illinois. This provision is subject to applicable state law.                                                                                                                                                                                                                                                                                                                                    |
| v. | Choice of forum | 18.G. | All mediation, arbitration and, if applicable, litigation |
|  |  |  | proceedings must be conducted in, or closest to, State court |
|  |  |  | of general jurisdiction that is within or closest to Will |
|  |  |  | County, |
|  |  |  | Illinois |
|  |  |  | or, if appropriate, the United States District |
|  |  |  | Court nearest to our corporate headquarters at the time such |
|  |  |  | action is filed. This provision is subject to applicable state |
|  |  |  | law. |
| w. | Choice of law | 18.F. | Illinois |
|  |  |  | law will govern. However, this provision is subject |
|  |  |  | to state law and as otherwise disclosed in Exhibit I |
|  |  |  | to this |
|  |  |  | Disclosure Document. |

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# ITEM 18 PUBLIC FIGURES

We do not currently use any public figure to promote our franchise. No public figure is currently involved in our management.

# ITEM 19 FINANCIAL PERFORMANCE REPRESENTATIONS

The FTC's Franchise Rule permits a franchisor to provide information about the actual or potential financial performance of its franchised and/or franchisor-owned outlets, if there is a reasonable basis for the information, and if the information is included in the disclosure document. Financial performance information that differs from that included in Item 19 may be given only if: (1) a franchisor provides the actual records of an existing outlet you are considering buying; or (2) franchisor supplements the information provided in this Item 19, for example, by providing information about possible performance at a particular location or under particular circumstances.

We do not make any representations about a franchisee's future financial performance or the past financial performance of company owned or franchised outlets. We also do not authorize our employees or representatives to make any such representations either orally or in writing.

Source: Item 17 — RENEWAL, TERMINATION, TRANSFER AND DISPUTE RESOLUTION (FDD pages 34–39)

Where must mediation and arbitration proceedings be held for Deck Medic franchise disputes?

Answer from 2024 FDD Document

ITEM 18 PUBLIC FIGURES

ITEM 19 FINANCIAL PERFORMANCE REPRESENTATIONS

What This Means (2024 FDD)

q.	Non-competition covenants during the term of the franchise	6	No involvement in any competitive business and must comply with confidentiality, non-disclosure and non solicitation covenants.
r.	Non-competition covenants after the franchise is terminated or expires	6, 17	No involvement, ownership or interest whatsoever for 24 months in any competing business in: your Operating Territory; a 25 mile radius of your Operating Territory; the Operating Territory of any other Deck Medic Business; and you must comply with confidentiality, non-disclosure and non-solicitation covenants.
s.	Modification of the agreement	18.L.	Requires writing signed by you and us, except for unilateral
			changes that we may make to the Manuals or our unilateral
			reduction of the scope of a restrictive covenant that we may
			make in our discretion.
t.	Integration/merger clauses	18.M.	Only the terms of the Franchise Agreement and schedules to
			the Franchise Agreement and the respective signed exhibits
			to the Franchise Agreement are binding, subject to state law.
			Nothing in any agreement is intended to disclaim the
			express representations made in the Franchise Disclosure
			Document, its exhibits and amendments.
u.	Dispute resolution by arbitration or mediation	18.G.	Except for certain claims for injunctive relief, all disputes must first be submitted to non-binding mediation in Will County, Illinois and, if mediation is unsuccessful, then to binding arbitration in Will County, Illinois. This provision is subject to applicable state law.
v.	Choice of forum	18.G.	All mediation, arbitration and, if applicable, litigation
			proceedings must be conducted in, or closest to, State court
			of general jurisdiction that is within or closest to Will
			County,
			Illinois
			or, if appropriate, the United States District
			Court nearest to our corporate headquarters at the time such
			action is filed. This provision is subject to applicable state
			law.
w.	Choice of law	18.F.	Illinois
			law will govern. However, this provision is subject
			to state law and as otherwise disclosed in Exhibit I
			to this
			Disclosure Document.