factual

Where will arbitration take place for disputes arising from the Marble Slab Creamery agreement?

Marble_Slab_Creamery Franchise · 2025 FDD

Answer from 2025 FDD Document

All arbitration proceedings will take place in the county in which Franchisor's headquarters is located. Each party to the arbitration will bear such party's own legal fees and expenses, and the fees and expenses of the Arbitration Association and the arbitrators will be paid by such party or parties as the arbitrators determine.

Source: Item 23 — RECEIPT (FDD pages 101–346)

What This Means (2025 FDD)

According to the 2025 Marble Slab Creamery FDD, arbitration proceedings will occur in the county where Marble Slab Creamery's headquarters is located. This applies to any claim or controversy arising from or related to the franchise agreement, except for claims regarding the ownership or use of Marble Slab Creamery's trademarks, enforcement of Section 9 of the agreement, or monies owed to Marble Slab Creamery.

This means that a franchisee may be required to travel to the location of Marble Slab Creamery's headquarters to resolve disputes through arbitration, which could involve significant travel costs and inconvenience depending on the franchisee's location. The franchisee is responsible for their own legal fees and expenses, while the fees and expenses of the Arbitration Association and the arbitrators will be paid by such party or parties as the arbitrators determine.

It's important to note that this arbitration clause dictates the venue for dispute resolution, potentially limiting a franchisee's ability to pursue claims in their local jurisdiction. Prospective franchisees should consider the potential costs and logistical challenges associated with arbitrating disputes at Marble Slab Creamery's headquarters. Franchisees in Washington State have additional protections: the arbitration or mediation site will be either in the state of Washington, or in a place mutually agreed upon at the time of the arbitration or mediation, or as determined by the arbitrator or mediator at the time of arbitration or mediation.

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.