Are there any exceptions to the Deer Solution requirement to submit all disputes to mediation and arbitration?

According to Deer Solution's 2025 Franchise Disclosure Document, there are exceptions to the requirement that all disputes must first be submitted to non-binding mediation and then to binding arbitration. Specifically, claims for injunctive relief are exempt from this requirement. This means that if Deer Solution seeks a court order to compel a franchisee to take certain actions or stop certain behaviors immediately, they are not required to go through mediation or arbitration first.

Injunctive relief typically involves seeking a court order to prevent irreparable harm, such as a franchisee infringing on Deer Solution's trademarks or disclosing confidential information. The FDD also states that this provision regarding dispute resolution is subject to applicable state law, meaning that state laws may provide additional exceptions or modify the process.

All mediation, arbitration, and litigation proceedings must be conducted in, or closest to, a State court of general jurisdiction that is 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. The FDD also specifies that New Jersey law will govern dispute resolution, but this is subject to state law and as otherwise disclosed in Exhibit H to the Disclosure Document.