Where must Deer Solution disputes be submitted for mediation and arbitration?
Deer_Solution Franchise · 2025 FDDAnswer from 2025 FDD Document
| 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 Morris County, New Jersey and, if mediation is unsuccessful, then to binding arbitration in Morris County, New Jersey. 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 Morris | ||
| County, New Jersey 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. | New Jersey law will govern. However, this provision is |
| subject to state law and as otherwise disclosed in Exhibit H | ||
| to this Disclosure Document. |
Source: Item 19 — FINANCIAL PERFORMANCE REPRESENTATIONS (FDD pages 45–52)
What This Means (2025 FDD)
According to Deer Solution's 2025 Franchise Disclosure Document, any disputes that arise between the franchisee and franchisor must first be submitted to non-binding mediation in Morris County, New Jersey. If the mediation is not successful, the dispute will then be submitted to binding arbitration, also in Morris County, New Jersey. This requirement is subject to applicable state law, which means that depending on the franchisee's location, these terms may be altered or unenforceable.
Furthermore, all mediation, arbitration, and litigation proceedings must be conducted in the state court of general jurisdiction within or closest to Morris County, New Jersey. If appropriate, the proceedings can occur in the United States District Court nearest to Deer Solution's corporate headquarters at the time the action is filed. This stipulation ensures that legal proceedings will occur in a location convenient for Deer Solution, potentially increasing costs for franchisees who do not reside near Morris County, New Jersey.
It is important to note that New Jersey law governs the franchise agreement. However, this is subject to state law and as otherwise disclosed in Exhibit H to the Disclosure Document. Prospective franchisees should carefully review Exhibit H and consult with a legal professional to understand the full implications of these dispute resolution terms and choice of law provisions, as they can significantly impact the franchisee's rights and ability to resolve conflicts with Deer Solution.