Where must disputes and claims not subject to arbitration be brought against Hck Hot Chicken?
Hck_Hot_Chicken Franchise · 2025 FDDAnswer from 2025 FDD Document
t the time arbitration is commenced, Franchisor and Franchisee will agree on another arbitration organization to conduct the arbitration proceeding. Judgment upon any award rendered may be entered in any Court having jurisdiction thereof. Except to the extent prohibited by Applicable Law, the proceedings shall be held in the location closest to Franchisor's principal place of business (currently Sarasota, FL). All arbitration proceedings and claims shall be filed and prosecuted separately and individually in the name of Franchisee and Franchisor, and not in any class action or representative capacity, and shall not be joined with or consolidated with claims asserted by or against any other franchisee. The arbitrators shall have no power or authority to grant punitive or exemplary damages as part of its award. In no event may the material provisions of this Agreement including, but not limited to the method of operation, authorized product line sold or monetary obligations specified in this Agreement, amendments to this Agreement or in the HCK Hot Chicken Brand Standards Manual be modified or changed by the arbitrator at any arbitration hearing. The arbitration and the parties' agreement therefor shall be deemed to be self-executing, and if either party fails to appear at any properly noticed arbitration proceeding, an award may be entered against such party despite said failure to appear. All issues relating to arbitrability or the enforcement of the agreement to arbitrate contained herein shall be governed by the Federal Arbitration Act (9 U.S.C. § 1 et seq.), notwithstanding any provision of this Agreement specifying the state law under which this Agreement shall be governed and construed. Except as required by Applicable Law, including the required disclosure in Franchisor's franchise disclosure document, the entire arbitration proceedings and related documents are confidential.
Source: Item 21 — FINANCIAL STATEMENTS (FDD page 54)
What This Means (2025 FDD)
The 2025 Hck Hot Chicken FDD states that, except to the extent prohibited by applicable law, arbitration proceedings will be held at the location closest to Hck Hot Chicken's principal place of business, which is currently in Sarasota, FL. All arbitration proceedings and claims must be filed and prosecuted separately and individually, not as part of a class action.
According to the FDD, judgment upon any award rendered by the arbitrators may be entered in any Court having jurisdiction. The arbitrators do not have the authority to grant punitive or exemplary damages. The material provisions of the Franchise Agreement or the Hck Hot Chicken Brand Standards Manual cannot be modified or changed by the arbitrator.
The agreement to arbitrate is self-executing, meaning that if either party fails to appear at a properly noticed arbitration proceeding, an award may be entered against them. All issues relating to arbitrability or the enforcement of the agreement to arbitrate are governed by the Federal Arbitration Act. The entire arbitration proceedings and related documents are confidential, except as required by applicable law, including disclosure in Hck Hot Chicken's franchise disclosure document.