factual

What happens to obligations pertaining to dispute resolution after the termination of a Fly To Fit franchise agreement?

Fly_To_Fit Franchise · 2024 FDD

Answer from 2024 FDD Document

  • 14.3 Effect of Termination. Upon termination or expiration of this Agreement, all obligations that by their terms or by reasonable implication survive termination, including those pertaining to non-competition, confidentiality, indemnity, and dispute resolution, will remain in effect, and Franchisee must immediately:

Source: Item 22 — CONTRACTS (FDD page 44)

What This Means (2024 FDD)

According to Fly To Fit's 2024 Franchise Disclosure Document, the obligations pertaining to dispute resolution remain in effect after the termination or expiration of the Franchise Agreement. Specifically, Article 17 addresses dispute resolution, indicating that any controversy or claim between the parties will be resolved through arbitration administered by the American Arbitration Association, following its Commercial Arbitration Rules. This requirement extends beyond the active term of the agreement.

This means that even after the franchise agreement ends, both Fly To Fit and the franchisee are still bound by the arbitration terms outlined in the agreement for any disputes that arise from or relate to the agreement. This includes matters such as non-competition, confidentiality, and indemnity, which are also specified to survive termination. The location for arbitration will be the city and state where Fly To Fit's headquarters are located.

For a prospective Fly To Fit franchisee, this clause ensures that a structured method for resolving disputes remains available even after the franchise relationship concludes. It provides a framework for addressing potential conflicts without immediately resorting to court litigation, which can be more costly and time-consuming. However, franchisees should be aware that they will still need to engage in arbitration if disputes arise post-termination, and they will be subject to the rules and procedures of the American Arbitration Association.

Disclaimer: This information is extracted from the 2024 Franchise Disclosure Document and is provided for research purposes only. It does not constitute legal or financial advice. Consult with a franchise attorney before making any investment decisions.