Where must Kitchen Solvers disputes be mediated and arbitrated?
Kitchen_Solvers Franchise · 2025 FDDAnswer 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). |
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, dispute resolution through mediation and arbitration is specified within the Franchise Agreement. Except for certain claims, all disputes must be mediated and arbitrated at the location of Kitchen Solvers' headquarters. Currently, the headquarters is located in La Crosse, Wisconsin; however, this is subject to change. This is also subject to state law.
This means that if a franchisee has a dispute with Kitchen Solvers that is subject to these provisions, they will likely need to travel to La Crosse, Wisconsin, to resolve it through mediation or arbitration. This could involve significant travel expenses and time away from their Kitchen Solvers business. Franchisees should be aware of this requirement and factor in the potential costs and inconvenience when considering whether to invest in a Kitchen Solvers franchise.
It is important to note the phrase "subject to state law" appears multiple times in Item 17. This means that certain state laws may override or modify the provisions outlined in the Franchise Agreement. Prospective Kitchen Solvers franchisees should consult with a legal professional to understand how state laws in their jurisdiction may affect their rights and obligations under the agreement.