If a dispute arises between Expense Reduction Analysts and a franchisee, which section of the agreement applies?
Expense_Reduction_Analysts Franchise · 2025 FDDAnswer from 2025 FDD Document
28. DISPUTES
28.1 Dispute Resolution
- (1) If a dispute arises between parties to this Agreement, the provisions of this Section 29 apply.
- (2) You must first bring any claim or dispute between You and the Franchisor to the Franchisor's management and make every effort to resolve the dispute internally. You must exhaust this internal dispute resolution procedure before You may bring Your dispute before a third party. This agreement to first attempt resolution of disputes internally shall survive termination or expiration of this Agreement.
- (3) You must tell the Franchisor in writing the nature of the dispute, what outcome You want and what action You think will settle the dispute.
- (4) You must then agree to clearly communicate the background facts leading to or causing the dispute, set out clearly what action is required to settle the dispute, select a way of resolving the dispute and explain why that way of resolving the dispute can be said to be a fair resolution of the dispute and identify, if the dispute is resolved, how the resolution of the dispute has or could enhance the business relationship between the parties for the future, particularly by identifying specific means of avoiding similar disputes arising between the parties in the future.
Source: Item 23 — RECEIPTS (FDD pages 58–215)
What This Means (2025 FDD)
According to Expense Reduction Analysts' 2025 Franchise Disclosure Document, Section 28, titled "Disputes," outlines the procedures to follow if a dispute arises between Expense Reduction Analysts and a franchisee.
The FDD states that a franchisee must first bring any claim or dispute to Expense Reduction Analysts' management and make every effort to resolve the dispute internally. This internal dispute resolution procedure must be exhausted before a franchisee can bring their dispute before a third party. The agreement to first attempt resolution of disputes internally survives termination or expiration of the Franchise Agreement.
Furthermore, the franchisee must inform Expense Reduction Analysts in writing about the nature of the dispute, the desired outcome, and the action they believe will settle the dispute. The franchisee must agree to clearly communicate the background facts, set out the required action to settle the dispute, select a method of resolving the dispute, explain why that method is fair, and identify how the resolution could enhance the business relationship between the parties in the future, particularly by identifying specific means of avoiding similar disputes in the future. This structured approach emphasizes internal resolution and clear communication to address conflicts effectively.