factual

Where is Kitchen Solvers' current headquarters located for the purpose of dispute resolution?

Kitchen_Solvers Franchise · 2025 FDD

Answer from 2025 FDD Document

Provision Section in Franchise Agreement (FA) Summary
a. Length of the franchise term FA: Paragraph 4 10 years
b. Renewal or extension of the term FA: Paragraph 4 If you satisfy renewal requirements, you have the option to renew for up to two (2) additional 10-year terms.
c. Requirements for franchisee to renew or extend FA: Paragraph 4 You must be in compliance with your Franchise Agreement, be current with all monetary obligations, attend any necessary training and have continuously operated the Business. You also must give us notice, maintain or obtain suitable premises for the Business (including modernization of sample doors, showcase display and all materials displaying the Marks), sign a release and sign a then current Franchise Agreement, which may have materially different terms and conditions from your original agreement.
d. Termination by franchisee None Not applicable (subject to state law)
Provision Section in Franchise Agreement (FA) Summary
q. Non-competition covenants during the term of the franchise FA: Paragraph 10D No direct or indirect involvement by you or your personal guarantors in the operation of any construction or remodeling business or any other business selling products and services similar to those sold by your Business.
r. Non-competition covenants after the franchise is terminated or expires FA: Paragraph 10D No competing business for 2 years within the Territory, or within 25 miles of the outer boundary of your Territory or 25 miles of the outer boundary of another franchisee’s territory.
s. Modification of the agreement FA: Paragraph 16B No modifications generally, but we may change Kitchen Solvers Business Systems Online Manual and list of Marks.
t. Integration/ merger clause FA: Paragraph 16B Only the terms of the Franchise Agreement are binding. Any promises or representations not contained in the Franchise Agreement or this Disclosure Document may not be enforceable (subject to state law).
u. Dispute resolution by arbitration or mediation FA: Paragraph 13A Except for certain claims, all disputes must be mediated and arbitrated where our then-current headquarters is located, which is currently La Crosse, Wisconsin (subject to state law).
v. Choice of forum FA: Paragraph 16I Subject to the arbitration provisions, litigation must be brought in the Federal District Court for the District of Wisconsin or in La Crosse County District Court, La Crosse, Wisconsin (subject to state law).
w. Choice of law FA: Paragraph 16I State of Wisconsin (subject to state law).

Source: Item 17 — Renewal, Termination, Transfer, and Dispute Resolution (FDD pages 36–40)

What This Means (2025 FDD)

According to Kitchen Solvers' 2025 Franchise Disclosure Document, the location of Kitchen Solvers' headquarters is relevant to dispute resolution. Specifically, except for certain claims, all disputes must be mediated and arbitrated where Kitchen Solvers' then-current headquarters is located. As of the publication date of this FDD, the headquarters is in La Crosse, Wisconsin. This is subject to state law.

This means that if a franchisee has a dispute with Kitchen Solvers that is subject to mediation or arbitration, the proceedings will take place in La Crosse, Wisconsin, unless otherwise required by state law. This could involve travel and associated expenses for the franchisee, depending on where their franchise is located. It is important to note that this location is 'then-current,' meaning it could change during the term of the franchise agreement.

Additionally, the FDD states that, subject to the arbitration provisions, any litigation must be brought in the Federal District Court for the District of Wisconsin or in La Crosse County District Court, La Crosse, Wisconsin, also subject to state law. The choice of law is the State of Wisconsin. This further emphasizes that legal proceedings will likely occur in Wisconsin, which could be a significant consideration for franchisees located outside of Wisconsin.

Disclaimer: This information is extracted from the 2025 Franchise Disclosure Document and is provided for research purposes only. It does not constitute legal or financial advice. Consult with a franchise attorney before making any investment decisions.