Where can judgment upon any arbitration award be entered for Hck Hot Chicken?
Hck_Hot_Chicken Franchise · 2025 FDDAnswer from 2025 FDD Document
[Item 23: RECEIPTS]
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 principal city 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 Area Developer 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 area developer or 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 Development Agreement 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 Development Agreement specifying the state law under which this Development 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. These matters will not be discoverable or admissible for any purposes, including impeachment, in any litigation or other proceeding involving the parties, and will not be disclosed to anyone who is not an agent, employee, expert witness, or representative for any of the parties; however, evidence otherwise discoverable or admissible is not excluded from discovery or admission as a result of its use in the arbitration. The fees of, and authorized costs incurred by, the arbitrator will be shared equally by the parties, and each party will bear all of its own costs of arbitration; provided, however, that the arbitration decision will provide that the substantially prevailing party will recover from the other party its actual costs and expenses (including arbitrator's fees and expenses, and attorney fees and expenses) incurred in connection with the dispute.
Source: Item 23 — RECEIPTS (FDD pages 55–245)
What This Means (2025 FDD)
According to Hck Hot Chicken's 2025 Franchise Disclosure Document, judgment upon any arbitration award may be entered in any court having jurisdiction. The proceedings will be held in the principal city closest to Hck Hot Chicken's principal place of business, which is currently Sarasota, FL, unless prohibited by applicable law.
All arbitration proceedings and claims must be filed and prosecuted separately and individually, not as part of a class action. The arbitrators do not have the authority to grant punitive or exemplary damages as part of their award, and they cannot modify or change the material provisions of the Development Agreement. The arbitration agreement is self-executing, meaning that an award can be entered against a party even if they fail to appear at a properly noticed arbitration proceeding.
The Federal Arbitration Act governs all issues relating to arbitrability or the enforcement of the agreement to arbitrate, regardless of any provision specifying the state law under which the Development Agreement is governed. The entire arbitration proceedings and related documents are confidential, and cannot be disclosed to anyone who is not an agent, employee, expert witness, or representative for any of the parties, unless required by applicable law or the franchise disclosure document. However, evidence that is otherwise discoverable or admissible is not excluded from discovery or admission as a result of its use in the arbitration.
The fees and costs incurred by the arbitrator will be shared equally by the parties, but the arbitration decision will provide that the substantially prevailing party will recover its actual costs and expenses, including arbitrator's fees and expenses, and attorney fees and expenses, from the other party.