Who decides all factual, procedural, or legal questions relating to the dispute between the parties for Kitchen Solvers?
Kitchen_Solvers Franchise · 2025 FDDAnswer from 2025 FDD Document
Further, the arbitrator shall decide all factual, procedural, or legal questions relating in any way to the dispute between the parties, including, without limitation, questions relating to whether Section 8.2 is applicable and enforceable as against the parties; the subject matter, timeliness, and scope
of the dispute; any available remedies; and the existence of unconscionability and/or fraud in the inducement.
Source: Item 23 — Receipts (FDD pages 49–190)
What This Means (2025 FDD)
According to Kitchen Solvers' 2025 Franchise Disclosure Document, an arbitrator will decide all factual, procedural, and legal questions related to a dispute between the parties. This includes questions about whether the arbitration section is applicable and enforceable, the subject matter, timeliness, and scope of the dispute, available remedies, and the existence of unconscionability or fraud.
This means that if a dispute arises between a Kitchen Solvers franchisee and the franchisor that proceeds to arbitration, the arbitrator has broad authority to make decisions on all aspects of the dispute. The arbitrator's decision is final and binding. However, the arbitrator cannot stay the effectiveness of any pending termination of the agreement, assess punitive or exemplary damages, certify a class or a consolidated action, or make any award that extends, modifies, or suspends any lawful term of the agreement or any reasonable standard of business performance that Kitchen Solvers sets.
This arbitration process is designed to resolve disputes outside of the court system, potentially saving time and money. However, franchisees should be aware of the limitations on the arbitrator's power, particularly the inability to award certain types of damages or modify the franchise agreement. Franchisees should carefully consider the implications of this dispute resolution process before entering into a franchise agreement with Kitchen Solvers.