What relief can the arbitrator award in a Degree Wellness franchise 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 a dispute has broad authority to determine appropriate relief. The arbitrator can award various remedies to the parties involved. This includes monetary compensation, covering unpaid amounts with added interest from the date they were due.
Beyond financial awards, the arbitrator can also mandate specific performance, compelling a party to fulfill their contractual obligations. Injunctive relief is another option, which can take the form of permanent, temporary, or preliminary injunctions, depending on the circumstances and the urgency of the situation. The arbitrator is also empowered to award attorneys' fees and costs to the prevailing party, shifting the financial burden of the legal proceedings.
The arbitrator's decision is considered final and binding, meaning that both Degree Wellness and the franchisee must adhere to the ruling. The judgment on the award can be entered in any court with the appropriate jurisdiction, further solidifying the enforceability of the arbitrator's decision. Both parties also waive their rights to challenge the validity or enforceability of the award, reinforcing the binding nature of the arbitration process.
This comprehensive authority granted to the arbitrator ensures that a wide range of potential remedies are available to address any disputes that may arise between Degree Wellness and its franchisees. Prospective franchisees should understand that arbitration is the required method of dispute resolution and that the arbitrator's decision will be legally binding.