In a Degree Wellness arbitration, is the arbitrator limited to awarding only money damages?
Degree_Wellness Franchise · 2025 FDDAnswer from 2025 FDD Document
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 in an arbitration proceeding is not limited to awarding only money damages. The arbitrator has broad authority to grant various types of relief.
The arbitrator can award any relief deemed proper, including money damages with interest on unpaid amounts from the date they were due. This ensures that if Degree Wellness or the franchisee is owed money, the arbitrator can order payment with interest to compensate for the delay.
Beyond monetary compensation, the arbitrator can also order specific performance, which compels a party to fulfill their contractual obligations. Additionally, the arbitrator can issue injunctive relief, including permanent, temporary, and preliminary injunctions, to prevent a party from taking certain actions. The arbitrator is also empowered to award attorneys' fees and costs to the prevailing party, which can help offset the expenses of the arbitration process.
The arbitrator's award and decision are conclusive and binding on all parties, and judgment on the award may be entered in any court with jurisdiction. This means that the parties waive their right to contest the validity or enforceability of the award, making the arbitration decision final and legally enforceable.