What is the location for arbitration if a dispute arises between the parties of the Gokhale Method agreement?
Gokhale_Method Franchise · 2024 FDDAnswer from 2024 FDD Document
Such arbitration shall take place before a sole arbitrator in Palo Alto, California.
The parties shall bear all of their own costs of arbitration; provided, however, the fees of the arbitrator shall be divided equally between the parties.
The parties hereto agree that arbitration shall not be required, and the parties may proceed in court, with respect to any claim or dispute involving: (a) any payment obligation of yours that is more than forty five (45) days past due; (b) actual or threatened disclosure or misuse of our Confidential Information; (c) the ownership, validity, or use of the Marks; and the Intellectual Property (d) enforcement the covenants set forth in Section 17 of this Agreement.
- 24.4. Exclusive Jurisdiction. You agree that any legal action not subject to arbitration shall be brought only in the state or federal courts for Palo Alto, California and in no other venue.
Source: Item 22 — CONTRACTS (FDD page 34)
What This Means (2024 FDD)
According to the 2024 Gokhale Method Franchise Disclosure Document, any arbitration between Gokhale Method and a franchisee will take place in Palo Alto, California. The FDD specifies that this arbitration will be conducted before a single arbitrator.
The franchisee and Gokhale Method will each bear their own arbitration costs. However, the fees for the arbitrator will be split equally between both parties.
It's important to note that not all disputes require arbitration. Specifically, Gokhale Method points out that claims regarding franchisee payment obligations exceeding 45 days past due, misuse of confidential information, or issues related to the brand's marks and intellectual property may be pursued in court rather than arbitration. Additionally, any legal actions not subject to arbitration must be brought in the state or federal courts located in Palo Alto, California.