How long do parties have to agree on a location for internal mediation with Degree Wellness?
Degree_Wellness Franchise · 2025 FDDAnswer from 2025 FDD Document
Except insofar as we elect to enforce this Agreement or to seek temporary or permanent injunctive relief as provided in Section 17.8 of this Agreement, before either party commences an arbitration under this Section, the parties agree that, as a condition precedent to the filing or commencement of any arbitration, they will attempt to resolve any dispute through internal mediation between the parties to be conducted in a mutually agreeable location or, if no such location is agreed upon within 10 days after a request for mediation, then at our corporate headquarters.
Source: Item 23 — Receipts (FDD pages 66–257)
What This Means (2025 FDD)
According to Degree Wellness's 2025 Franchise Disclosure Document, before either party can start arbitration, they must first attempt to resolve any dispute through internal mediation. The internal mediation is to be conducted in a mutually agreeable location. If the parties cannot agree on a location within 10 days after a request for mediation, the mediation will occur at Degree Wellness's corporate headquarters.
This requirement for internal mediation serves as a condition that must be met before initiating arbitration. This means a Degree Wellness franchisee must engage in this mediation process in good faith. The initial step involves trying to find a location that both Degree Wellness and the franchisee find acceptable for the mediation.
The stipulation that Degree Wellness's corporate headquarters will be the default location if no agreement is reached within 10 days ensures that the mediation process will not be stalled indefinitely due to location disagreements. This encourages both parties to come to a quick resolution regarding the location so that the mediation can proceed efficiently. For a franchisee, this could mean incurring travel costs to Degree Wellness's headquarters if an alternative location isn't agreed upon within the specified timeframe.