Where will arbitration proceedings be conducted for Degree Wellness?
Degree_Wellness Franchise · 2025 FDDAnswer from 2025 FDD Document
- b. Place and Procedure. Such arbitration proceedings shall be conducted in Duvall County, Florida, and, except as otherwise provided in this Agreement, shall be conducted in accordance with then current commercial arbitration rules of the American Arbitration Association, and the arbitration hearing shall be conducted before a single arbitrator, not a panel.
- c. Costs of Arbitration. You and we acknowledge and agree that neither party shall be permitted to bring or maintain any actions, claims or counter-claims against the other party in any arbitration proceeding unless the party asserting such action, claim or counterclaim timely pays all costs and fees charged to it by the American Arbitration Association and one-half of all charges and fees of the designated arbitrator for the proceeding, as and when billed. In the event a party fails to pay all costs and fees charged to it by the American Arbitration Association and one-half of all charges and fees of the designated arbitrator for the proceeding, as and when billed, the arbitrator is directed to dismiss any actions, claims or counter-claims brought by such party in the arbitration.
- 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.
- e. Arbitration Discovery. Discovery under the arbitration will be limited to the following for each side: (i) three depositions totaling 12 hours; (ii) six interrogatories each consisting of no more than 12 questions (with no subparts); and (iii) three document requests. The discovery may also be limited in any other manner as specified by the arbitrator, who will limit discovery to the greatest extent possible consistent with basic fairness.
Source: Item 23 — Receipts (FDD pages 66–257)
What This Means (2025 FDD)
According to Degree Wellness's 2025 Franchise Disclosure Document, arbitration proceedings will take place in Duvall County, Florida. The proceedings will generally follow the American Arbitration Association's commercial arbitration rules, unless the agreement specifies otherwise. A single arbitrator, rather than a panel, will preside over the hearing.
Both Degree Wellness and the franchisee are responsible for covering their respective costs associated with the arbitration. Specifically, each party must pay all costs and fees charged to it by the American Arbitration Association, along with one-half of the arbitrator's charges and fees as they are billed. Failure to make these payments can result in the dismissal of the non-paying party's claims or counterclaims.
The arbitrator has broad authority to award relief, including monetary damages with interest, specific performance, injunctive relief, attorneys' fees, and costs. The arbitrator's decision is final and binding, and can be enforced in any court with jurisdiction. Discovery during arbitration is limited to three depositions (totaling 12 hours), six interrogatories (with no subparts), and three document requests per side, but the arbitrator can further limit discovery to ensure fairness.