Where must disputes with Kitchen Solvers be mediated and arbitrated?
Kitchen_Solvers Franchise · 2025 FDDAnswer from 2025 FDD Document
| Provision | Section in Franchise Agreement (FA) | Summary | |
|---|---|---|---|
| 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's 2025 Franchise Disclosure Document, disputes with the company must be mediated and arbitrated at the location of Kitchen Solvers's headquarters. The FDD specifies that the headquarters is currently located in La Crosse, Wisconsin. This requirement is subject to state law.
For a prospective Kitchen Solvers franchisee, this means that if a dispute arises with the franchisor that cannot be resolved informally, the franchisee will likely be required to travel to La Crosse, Wisconsin, to participate in mediation and arbitration proceedings. This could involve significant travel expenses, legal fees, and time away from their Kitchen Solvers business.
It is important to note that this requirement applies to all disputes except for certain claims, which are not specified in the provided excerpt. Franchisees should carefully review the Franchise Agreement to understand which types of claims are excluded from the mediation and arbitration requirement. Additionally, the FDD indicates that litigation, subject to the arbitration provisions, must be brought in the Federal District Court for the District of Wisconsin or in La Crosse County District Court, La Crosse, Wisconsin.
The FDD also notes that the choice of law for the Franchise Agreement is the State of Wisconsin, although this is also subject to state law. This means that Wisconsin law will govern the interpretation and enforcement of the Franchise Agreement. Prospective franchisees should consult with an attorney to understand the implications of these provisions and how they may affect their rights and obligations under the Franchise Agreement.