Where will mediation or arbitration be held for Focus Cfo franchisees in North Dakota?
Focus_Cfo Franchise · 2025 FDDAnswer from 2025 FDD Document
The following statements are added to Item 17 of this Disclosure Document:
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- Any provision requiring franchisees to consent to the jurisdiction of courts outside North Dakota or to consent to the application of laws of a state other than North Dakota may be unenforceable under North Dakota law. Any mediation or arbitration will be held at a site agreeable to all parties. If the laws of a state other than North Dakota govern, to the extent that such law conflicts with North Dakota law, North Dakota law will control.
Source: Item 23 — Receipts (FDD pages 37–126)
What This Means (2025 FDD)
According to the 2025 Focus Cfo Franchise Disclosure Document, for franchisees in North Dakota, any mediation or arbitration will be held at a location agreeable to all parties involved. This stipulation is added to Item 17 of the disclosure document specifically for North Dakota franchisees or those locating their franchises in North Dakota.
This means that unlike the standard Focus Cfo franchise agreement which specifies Franklin County, Ohio, as the arbitration location, North Dakota franchisees have the opportunity to negotiate a more convenient location. This could potentially save on travel costs and time, as well as provide a more familiar and accessible venue for dispute resolution.
However, it's important to note that the final location is contingent upon reaching an agreement with Focus Cfo. If an agreement cannot be reached, the FDD does not specify a default location, which could lead to further negotiation or potential legal challenges to determine the arbitration site. Prospective franchisees should discuss this point with Focus Cfo to understand the process if an agreement on location cannot be reached.