Where will the arbitration or mediation site be located for a Focalpoint Coaching franchise purchased in Washington?
Focalpoint_Coaching Franchise · 2025 FDDAnswer from 2025 FDD Document
In any arbitration or mediation involving a franchise purchased in Washington, the arbitration or mediation site will be either in the state of Washington, or in a place mutually agreed upon at the time of the arbitration or mediation, or as determined by the arbitrator or mediator at the time of arbitration or mediation. In addition, if litigation is not precluded by the Franchise Agreement, a franchisee may bring an action or proceeding arising out of or in connection with the sale of franchises, or a violation of the Washington Franchise Investment Protection Act, in Washington.
Source: Item 22 — Contracts (FDD pages 56–57)
What This Means (2025 FDD)
According to Focalpoint Coaching's 2025 Franchise Disclosure Document, if a franchisee purchases a franchise in Washington and a dispute arises requiring arbitration or mediation, the location of the proceedings will be determined as follows. The arbitration or mediation site will be in the state of Washington. Alternatively, the site could be a location mutually agreed upon by both Focalpoint Coaching and the franchisee at the time of the arbitration or mediation. If no agreement is reached, the arbitrator or mediator will determine the location at the time of the arbitration or mediation.
This clause provides some flexibility in determining the location of arbitration or mediation, which can be beneficial for a Focalpoint Coaching franchisee. Having the option for the proceedings to occur in Washington could reduce travel costs and logistical challenges for the franchisee. However, the final decision could rest with the arbitrator or mediator, introducing some uncertainty.
It is also important to note that if litigation is not precluded by the Franchise Agreement, a franchisee may bring an action or proceeding arising out of or in connection with the sale of franchises, or a violation of the Washington Franchise Investment Protection Act, in Washington. This offers an additional avenue for resolving disputes within the state.