Where will arbitration or mediation take place for a Kidokinetics franchise purchased in Washington?
Kidokinetics Franchise · 2024 FDDAnswer from 2024 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 23 — RECEIPT (FDD pages 59–205)
What This Means (2024 FDD)
According to Kidokinetics's 2024 Franchise Disclosure Document, if a franchisee purchases a Kidokinetics franchise in Washington, any arbitration or mediation will occur in Washington state. However, the specific location can vary. The arbitration or mediation site will be either in Washington, or in a place mutually agreed upon by both parties at the time of the arbitration or mediation. Alternatively, the arbitrator or mediator can determine the location during the arbitration or mediation proceedings.
This addendum to the franchise agreement ensures that Washington franchisees are not forced to travel to a distant or inconvenient location for dispute resolution. It provides flexibility, allowing for mutual agreement or arbitrator/mediator determination, but establishes Washington as the default location.
Additionally, the FDD states 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 further protection to Washington franchisees, allowing them to pursue legal action within their home state under certain circumstances.