For a Marble Slab Creamery franchise purchased in Washington, where will arbitration or mediation take place?
Marble_Slab_Creamery Franchise · 2025 FDDAnswer from 2025 FDD Document
In any arbitration or mediation involving a franchise purchased in Washington, 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. In addition, if litigation is not precluded by the franchise agreement, a franchisee may bring an action or proceeding arising out of or in connection with the sale of franchises, or a violation of the Washington Franchise Investment Protection Act, in Washington.
Source: Item 23 — RECEIPT (FDD pages 101–346)
What This Means (2025 FDD)
According to Marble Slab Creamery's 2025 Franchise Disclosure Document, if a franchisee purchases a franchise in Washington, any arbitration or mediation will occur in Washington. However, the location can also be a place mutually agreed upon by both parties at the time of the arbitration or mediation. The arbitrator or mediator can also determine the location at the time of arbitration or mediation.
Additionally, the FDD states that if litigation is not precluded by the franchise agreement, a franchisee in Washington may bring an action or proceeding arising out of or in connection with the sale of franchises, or a violation of the Washington Franchise Investment Protection Act, in Washington.
This addendum ensures that Marble Slab Creamery franchisees in Washington have the option to resolve disputes within their own state, providing a more accessible and potentially less costly legal process. It also clarifies that the franchisee retains the right to pursue legal action in Washington if arbitration is not mandatory, particularly for issues related to franchise sales or violations of the Washington Franchise Investment Protection Act.