factual

In a Degree Wellness arbitration, can the arbitrator award injunctive relief?

Degree_Wellness Franchise · 2025 FDD

Answer from 2025 FDD Document

  • d. Awards and Decisions. The arbitrator shall have the right to award or include in his award any relief that he or she deems proper in the circumstances, including without limitation, money damages (with interest on unpaid amounts from date due), specific performance, injunctive relief (including permanent, temporary, and preliminary injunctive relief), attorneys' fees, and costs. The award and decision of the arbitrator shall be conclusive and binding on all parties to this agreement, and judgment on the award may be entered in any court of competent jurisdiction, and each such party waives any right to contest the validity or enforceability of such award.

Source: Item 23 — Receipts (FDD pages 66–257)

What This Means (2025 FDD)

According to Degree Wellness's 2025 Franchise Disclosure Document, the arbitrator has the authority to award injunctive relief. The arbitrator can include in their award any relief they deem proper, including permanent, temporary, and preliminary injunctive relief. They can also award money damages, specific performance, attorneys' fees, and costs.

This means that if a dispute arises that goes to arbitration, the arbitrator is not limited in the types of remedies they can impose. This could be beneficial or detrimental to a franchisee depending on the nature of the dispute and the arbitrator's decision. Injunctive relief could compel a franchisee to take certain actions or prevent them from doing so.

The arbitrator's award and decision are conclusive and binding on all parties, and judgment on the award may be entered in any court of competent jurisdiction. All parties waive any right to contest the validity or enforceability of the award. This underscores the importance of the arbitration process, as the outcome is final and legally binding.

Before commencing an arbitration, both parties must attempt to resolve any dispute through internal mediation. However, Degree Wellness is not required to participate in mediation if they elect to enforce the agreement or seek temporary or permanent injunctive relief.

Disclaimer: This information is extracted from the 2025 Franchise Disclosure Document and is provided for research purposes only. It does not constitute legal or financial advice. Consult with a franchise attorney before making any investment decisions.