What is the arbitrator prohibited from awarding or declaring in a Deer Solution arbitration?
Deer_Solution Franchise · 2025 FDDAnswer from 2025 FDD Document
- (iv) Except as may be otherwise required and/or prohibited by this Agreement, the arbitrator has the right to award or include in his or her award any relief that he or she determines to be proper, including monetary damages, interest on unpaid sums, specific performance, injunctive relief, attorneys' fees, and costs and expenses as allowable under this Agreement. Notwithstanding the foregoing, under no circumstance shall the Arbitrator be authorized to award or declare the Licensed Marks to be generic or invalid; and
Source: Item 23 — RECEIPTS (FDD pages 55–246)
What This Means (2025 FDD)
According to the 2025 Deer Solution Franchise Disclosure Document, in any arbitration, the arbitrator is not authorized to award or declare the Licensed Marks to be generic or invalid.
This means that while an arbitrator has broad authority to grant various forms of relief, including monetary damages, specific performance, or injunctive relief, their power is specifically limited when it comes to the Deer Solution Licensed Marks. The arbitrator cannot make any determination that would jeopardize Deer Solution's ownership or exclusive rights to its trademarks.
For a prospective Deer Solution franchisee, this clause reinforces the importance of the brand's trademarks and the company's commitment to protecting them. It also highlights that disputes will not result in a franchisee being able to challenge the validity of the trademarks.