Who determines whether a matter is subject to arbitration for Kitchen Solvers?

According to Kitchen Solvers' 2025 Franchise Disclosure Document, any dispute regarding whether a matter is subject to arbitration will be determined by the arbitrator. This means that if there is a disagreement between Kitchen Solvers and the franchisee about whether a particular issue should be resolved through arbitration, the arbitrator, not a court or other party, will make the final decision.

This clause is significant for prospective Kitchen Solvers franchisees because it centralizes the decision-making process regarding arbitration within the arbitration itself. It prevents either party from unilaterally deciding whether a dispute falls under the arbitration agreement. The arbitrator's expertise in franchise law (with a minimum of five years of experience) is intended to ensure a fair and informed decision on the matter of arbitrability.

It is important to note that the arbitration must take place in La Crosse County, Wisconsin, or where Kitchen Solvers' headquarters is located. The arbitrator is bound to follow the law and the terms of the Franchise Agreement. This arrangement is fairly standard in franchise agreements, as it provides a structured method for resolving disputes outside of the court system, potentially saving time and legal expenses for both parties.