What is the required timeframe for notifying Deka Lash of a violation or breach before commencing an action for a claim?
Deka_Lash Franchise · 2024 FDDAnswer from 2024 FDD Document
- 19.7 Prior Notice of Claims. As a condition precedent to commencing an action for a Claim, you must notify us within thirty (30) days after the occurrence of the violation or breach, and failure to timely give such notice shall preclude any claim for damages.
- 19.8 Internal Dispute Resolution. You must first bring any Claim to our CEO, after providing notice as set forth in Section 19.7 above. You must exhaust this internal dispute resolution procedure before you may bring your Claim before a third party.
- 19.9 Mediation and Arbitration. Before you may bring any Claim against us in court, you agree to try for a period of 60 days to mediate such claim before a mutually agreed to mediator in the city or county where our headquarters are located. If we cannot mutually agree on a mediator, you and we agree to use the mediation services of the American Arbitration Association ("AAA") and split any AAA and mediator fees equally.
Source: Item 23 — RECEIPT (FDD pages 63–234)
What This Means (2024 FDD)
According to the 2024 Deka Lash Franchise Disclosure Document, a franchisee must notify Deka Lash within thirty (30) days after the occurrence of the violation or breach before starting an action for a claim. Missing this deadline will prevent any claim for damages.
Following this notification, the franchisee must first bring any claim to the CEO of Deka Lash. This internal dispute resolution procedure must be exhausted before the franchisee can bring their claim before a third party.
Before taking Deka Lash to court, the franchisee must attempt to mediate the claim for 60 days with a mutually agreed-upon mediator in the city or county where Deka Lash's headquarters is located. If a mediator cannot be agreed upon, the franchisee and Deka Lash will use the mediation services of the American Arbitration Association and split the associated fees equally. These stipulations highlight the importance of adhering to the outlined procedures to resolve disputes effectively.