What is the deadline for resolving a claim, controversy, or dispute through mediation for Ella Cafe?

According to Ella Cafe's 2024 Franchise Disclosure Document, if a claim, controversy, or dispute arises and the parties agree to mediation, they have 90 days after the mediator has been chosen to resolve the issue. This timeframe can be extended only by written agreement between both parties. After this 90-day period, either party is entitled to initiate legal proceedings.

This mediation agreement does not apply to disputes relating to past due amounts owed to Ella Cafe, issues involving the brand's Marks, Copyrighted Works, or Ella Cafe's Confidential Information. Additionally, both Ella Cafe and the franchisee retain the right to seek temporary restraining orders and preliminary injunctive relief in court, regardless of the mediation agreement.

This clause ensures that franchisees and Ella Cafe have a structured process for resolving disputes outside of court, potentially saving time and legal costs. However, it's important to note the exceptions where mediation is not required, particularly concerning payments and intellectual property, where Ella Cafe may pursue immediate legal action. The 90-day limit provides a clear timeline for resolution, but franchisees should be aware that legal proceedings can commence if mediation is unsuccessful within that period, unless an extension is agreed upon in writing.