What happens after a 'Final Dispute Notice' is delivered regarding Floors To Go?
Floors_To_Go Franchise · 2025 FDDAnswer from 2025 FDD Document
If the Negotiating Teams fail to resolve the Dispute within the 30-day negotiation period set forth above, any party may notify the other party of such failure by delivery of a written notice (a "Final Dispute Notice").
Upon the giving or receipt of a Final Dispute Notice, any unresolved Dispute, including without limitation, any disagreement regarding the interpretation or the operation of this Agreement shall be determined by final and binding arbitration under the rules of the American Arbitration Association ("AAA").
The arbitration shall be conducted in the county in Florida in which we maintain our principal office, or such other mutually agreed upon location before a panel of three arbitrators.
One arbitrator shall be selected by each of the parties and the third arbitrator shall be selected by the two arbitrators designated by the parties.
The arbitrators shall have the authority to award to the prevailing party all of its reasonable costs and expenses identified in Section 9.5 above, including, without limitation, paralegal and attorneys' fees.
The arbitration award shall be final and binding on the parties, and judgment on the award may be entered in any court having jurisdiction.
Source: Item 23 — RECEIPTS (FDD pages 47–204)
What This Means (2025 FDD)
According to the 2025 Floors To Go Franchise Disclosure Document, after a 'Final Dispute Notice' is delivered, any unresolved dispute will be settled through final and binding arbitration under the rules of the American Arbitration Association (AAA). This includes any disagreements about the interpretation or operation of the franchise agreement.
The arbitration will take place in the county in Florida where Floors To Go has its principal office, or at another mutually agreed-upon location. A panel of three arbitrators will conduct the arbitration. Each party involved in the dispute will select one arbitrator, and the two arbitrators chosen by the parties will then select the third arbitrator.
The arbitrators have the authority to award the prevailing party all reasonable costs and expenses, including paralegal and attorneys' fees, as outlined in Section 9.5 of the agreement. The arbitration award is final and binding, and judgment on the award can be entered in any court with jurisdiction. This means that once the arbitration is complete, the decision is legally enforceable.
This process is designed to provide a structured and legally sound method for resolving disputes, ensuring that both Floors To Go and its franchisees have a clear path to resolution. Franchisees should be aware of these steps and understand their rights and obligations in case a dispute arises.