What is the 'Applicable Notice Period' in the context of Fitstop dispute resolution?
Fitstop Franchise · 2024 FDDAnswer from 2024 FDD Document
Before commencing any legal action against us and/or our affiliates with respect to any such claim or dispute, you must submit a notice to us that specifies in detail the precise nature and grounds of such claim or dispute per Section 19.6 below.
W e will then have a period of 30 days following receipt of such notice within which to notify you as to whether we and/or our affiliates are exercising the right to mediate under this Section (the "Applicable Notice Period").
During the Applicable Notice Period, both parties will attempt to resolve the matter internally per Section 19.1 above.
You may and must not commence any action against us or our affiliates with respect to any claim or dispute in any court, unless and until: (i) we fail to exercise its option to submit such claim or dispute to mediation; or (ii) such mediation proceedings have been terminated either (a) as the result of a written declaration of the mediator(s) that further mediation efforts are not worthwhile, or (b) as a result of a written declaration by us.
Source: Item 23 — RECEIPTS (FDD pages 50–135)
What This Means (2024 FDD)
According to Fitstop's 2024 Franchise Disclosure Document, the 'Applicable Notice Period' is a 30-day window that begins after a franchisee submits a notice to Fitstop detailing a claim or dispute. During this period, Fitstop has the option to notify the franchisee whether they will exercise their right to mediate the dispute. This notice is a prerequisite before commencing any legal action against Fitstop.
During the 30-day Applicable Notice Period, both Fitstop and the franchisee are expected to attempt to resolve the issue internally, as per Section 19.1 of the agreement. This internal resolution process is a mandatory first step before moving to mediation or any other form of legal action.
The document specifies that a franchisee cannot initiate any court action against Fitstop until either Fitstop declines to mediate or the mediation proceedings are terminated. Termination can occur if the mediator declares further efforts are unproductive or if Fitstop issues a written declaration to that effect. This entire process emphasizes initial internal resolution, followed by mediation if necessary, before resorting to litigation.