Where will arbitration or mediation take place for an Endless Summer Sweets franchise purchased in Washington?
Endless_Summer_Sweets Franchise · 2024 FDDAnswer from 2024 FDD Document
mination and renewal of your franchise. There may also be court decisions which may supersede the franchise agreement in your relationship with the franchisor including the areas of termination and renewal of your franchise.
In any arbitration or mediation involving a franchise 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.
Source: Item 23 — RECEIPTS (FDD pages 39–125)
What This Means (2024 FDD)
According to Endless Summer Sweets' 2024 Franchise Disclosure Document, if a franchisee purchases a franchise in Washington and a dispute arises requiring arbitration or mediation, the location of these proceedings will be in Washington state. However, there are a couple of exceptions. The location can be a place mutually agreed upon by both Endless Summer Sweets and the franchisee at the time of the arbitration or mediation. Alternatively, the arbitrator or mediator can determine the location during the proceedings.
Additionally, the FDD states that if litigation is not precluded by the franchise agreement, the franchisee has the option to bring legal action in Washington if the dispute arises from the sale of the franchise or involves a violation of the Washington Franchise Investment Protection Act.
This Washington addendum ensures that franchisees are not forced to travel to a distant location for dispute resolution, which could be a significant financial and logistical burden. It also underscores the importance of the Washington Franchise Investment Protection Act in protecting franchisees' rights within the state.