Where will the arbitration take place for Kitchen Solvers disputes?
Kitchen_Solvers Franchise · 2025 FDDAnswer from 2025 FDD Document
- 8.2.2 Any arbitration must be on an individual basis and the parties and the arbitrator will have no authority or power to proceed with any claim as a class action, associational claim, or otherwise to join or consolidate any claim with any other claim or any other proceeding involving third parties.
In the event a court determines that this limitation on joinder of or class action certification of claims is unenforceable, then this entire commitment to arbitrate shall become null and void and the parties shall submit all claims to the jurisdiction of the courts.
The arbitration must take place in La Crosse County, Wisconsin (or, if our corporate headquarters is no longer in La Crosse County, Wisconsin, the county where our corporate headquarters is thenlocated).
The arbitration will be heard before one arbitrator.
The arbitrator must follow the law and not disregard the terms of this Agreement.
The arbitrator must have at least five (5) years of significant experience in franchise law.
Any issue as to whether a matter is subject to arbitration will be determined by the arbitrator.
A judgment may be entered upon the arbitration award by any state or federal court in La Crosse County, Wisconsin.
Source: Item 23 — Receipts (FDD pages 49–190)
What This Means (2025 FDD)
According to Kitchen Solvers' 2025 Franchise Disclosure Document, any arbitration between the developer/related party and Kitchen Solvers/related party must occur in La Crosse County, Wisconsin. However, if Kitchen Solvers' corporate headquarters is no longer located in La Crosse County, Wisconsin, the arbitration will take place in the county where their corporate headquarters is located at that time. The arbitration process is initiated if negotiation and mediation do not resolve the dispute.
This arbitration covers a wide range of potential disputes, including those arising from the agreement itself, the parties' relationship, events leading up to the agreement, the development area, the scope or validity of the arbitration obligation, system standards, tort claims, negligence theories, and any lease or sublease for the business. The arbitration is binding and falls under the authority of the Federal Arbitration Act, administered by the American Arbitration Association according to its commercial arbitration rules.
Notably, the arbitration must proceed on an individual basis, prohibiting class action or consolidated claims. Should a court deem this limitation unenforceable, the entire arbitration agreement becomes void, and all claims must be submitted to the courts. The arbitrator selected must have at least five years of significant experience in franchise law and is obligated to follow the law and the terms of the agreement. A judgment on the arbitration award can be entered in any state or federal court in La Crosse County, Wisconsin.