What relief can the arbitrator award in a Degree Wellness arbitration?
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 has broad authority to determine appropriate relief. This includes financial remedies such as money damages, with interest accruing on unpaid amounts from the date they were due.
Beyond monetary compensation, the arbitrator can also order specific performance, compelling a party to fulfill their contractual obligations. Injunctive relief is another potential remedy, which can take the form of permanent, temporary, or preliminary injunctions, depending on the circumstances of the dispute. These injunctions can prevent a party from taking certain actions or require them to take specific actions.
Furthermore, the arbitrator has the power to award attorneys' fees and costs to the prevailing party. The arbitrator's award and decision are considered conclusive and binding on all parties involved, and the judgment on the award can be entered in any court with competent jurisdiction. All parties waive their right to contest the validity or enforceability of the arbitrator's decision, making the arbitration outcome final and enforceable.