Besides Kitchen Solvers, which other parties related to the franchisor are included in the mediation process?
Kitchen_Solvers Franchise · 2025 FDDAnswer from 2025 FDD Document
Other than an action by us under Section 13.A.3 or 13.B of this Agreement, before beginning any legal action or arbitration, the parties agree to mediate any dispute, controversy or claim between you and/or any of your owners, affiliates, officers, directors, shareholders, guarantors, employees, owners or members (each a "Franchisee Related Party"), on the one hand, and us, and/or any of our affiliates, officers, directors, shareholders, members, guarantors, employees, representatives, independent contractors or owners (each a "Franchisor Related
Party"), on the other hand, including, without limitation, in connection with any dispute, controversy or claim arising under, out of, in connection with or in relation to: (a) this Agreement; (b) any lease or sublease for your Franchised Business; (c) any loan or other finance arrangement between us and our affiliates and you; (d) the parties' relationship; (e) events occurring prior to the entry into this Agreement; (f) the Business; or (g) any System standard, in accordance with the procedures set forth in this Section 13.A.1, inclusive of all subparts. Good faith participation in these procedures to the greatest extent reasonably possible, despite lack of cooperation by one or more of the other parties, is a precondition to initiating any arbitration or legal action, including any action to interpret or enforce this Agreement. The Mediation shall be conducted in accordance with the following provisions:
Source: Item 22 — Contracts (FDD page 49)
What This Means (2025 FDD)
According to Kitchen Solvers' 2025 Franchise Disclosure Document, the mediation process extends beyond just the franchisee and Kitchen Solvers. It includes other related parties to both the franchisee and the franchisor. Specifically, the agreement covers disputes between the franchisee and their owners, affiliates, officers, directors, shareholders, guarantors, employees, owners, or members, defined as "Franchisee Related Party."
On the Kitchen Solvers side, the mediation also encompasses Kitchen Solvers' affiliates, officers, directors, shareholders, members, guarantors, employees, representatives, independent contractors, or owners, collectively known as "Franchisor Related Party." This broad inclusion aims to resolve disputes at all levels, from disagreements directly with Kitchen Solvers to issues involving related individuals or entities.
This approach is designed to encourage comprehensive dispute resolution, addressing not only the immediate parties but also those affiliated with them. By including these related parties, Kitchen Solvers seeks to foster a cooperative environment and minimize the potential for protracted legal battles. Franchisees should recognize that this mediation clause covers a wide array of individuals and entities connected to both parties, which could be beneficial or complex depending on the nature of any dispute that arises.