Where will all arbitration proceedings for Dryer Vent Squad be conducted?
Dryer_Vent_Squad Franchise · 2024 FDDAnswer from 2024 FDD Document
(a) Arbitration – Except, at our option, as to any claims or disputes related to or concerning a breach of this Agreement by you that may entitle us to the award of injunctive relief, you agree that any and all disputes, controversies, and claims, arising from and/or related to this Agreement, shall be submitted to the American Arbitration Association for binding arbitration. Arbitration shall be conducted by one arbitrator in accordance with the American Arbitration Association's then current rules for commercial disputes, except as may be otherwise required in this Agreement. All arbitration proceedings shall be conducted in Ocean County, New Jersey or, if suitable American Arbitration Association facilities are not available in Ocean County, New Jersey, then at a suitable American Arbitration Association location selected by the arbitrator that is located closest to Ocean County, New Jersey.
Source: Item 23 — RECEIPTS (FDD pages 51–207)
What This Means (2024 FDD)
According to the 2024 Dryer Vent Squad Franchise Disclosure Document, arbitration proceedings will generally take place in Ocean County, New Jersey. Specifically, any disputes arising from or related to the Franchise Agreement will be submitted to the American Arbitration Association for binding arbitration.
However, there are a couple of exceptions to this general rule. If suitable American Arbitration Association facilities are not available in Ocean County, New Jersey, the arbitration will occur at a suitable American Arbitration Association location selected by the arbitrator that is closest to Ocean County, New Jersey.
Additionally, the FDD includes amendments for franchisees in certain states that may supersede the location specified in the franchise agreement. For example, for franchises purchased in Washington, the arbitration or mediation site will be either in the State of Washington, or in a place mutually agreed upon at the time of the arbitration or mediation, or as determined by the arbitrator or mediator at the time of arbitration or mediation. Similarly, Illinois law states that any provision in a franchise agreement that designates jurisdiction and venue in a forum outside of the State of Illinois is void; however, a franchise agreement may provide for arbitration to take place outside of Illinois.