What is the required action for a Fitstop franchisee before disclosing Competitive Information?
Fitstop Franchise · 2024 FDDAnswer from 2024 FDD Document
- 19.1 Internal Dispute Resolution. You must first bring any claim or dispute arising out of or related to the Franchised Business and/or this Agreement to our management after you have provided us with written notice as prescribed in Section 19.6 of this Agreement, and subsequently make every commercially reasonable effort to settle any such dispute or claim internally.
You must exhaust this internal dispute resolution procedure before bringing any action or claim before a third-party mediator or other adjudicating party.
This agreement to first attempt resolution of disputes internally shall survive termination or expiration of this Agreement.
Source: Item 23 — RECEIPTS (FDD pages 50–135)
What This Means (2024 FDD)
Based on the 2024 Fitstop Franchise Disclosure Document, a franchisee must first bring any claim or dispute arising out of or related to the Franchised Business and/or the Franchise Agreement to Fitstop's management after providing written notice as prescribed in Section 19.6 of the Agreement. The franchisee must then make every commercially reasonable effort to settle any such dispute or claim internally.
This internal dispute resolution procedure must be exhausted before bringing any action or claim before a third-party mediator or other adjudicating party. This requirement to first attempt internal resolution of disputes survives termination or expiration of the Franchise Agreement.
This process is designed to encourage open communication and problem-solving between Fitstop and its franchisees. By attempting to resolve disputes internally, Fitstop aims to foster a collaborative environment and potentially avoid the costs and time associated with external dispute resolution methods such as mediation or litigation. Franchisees should be aware of this requirement and follow the prescribed steps before pursuing other avenues for resolving conflicts.