factual

What must arbitration and any arbitration award be conducted in accordance with for Mrcool?

Mrcool Franchise · 2025 FDD

Answer from 2025 FDD Document

  • (g) Arbitration and/or any arbitration award must be conducted in accordance with the terms of this Agreement including, but not limited to, the requirements set forth in this Article 18.

Source: Item 23 — RECEIPTS (FDD pages 55–263)

What This Means (2025 FDD)

According to Mrcool's 2025 Franchise Disclosure Document, arbitration and any arbitration award must be conducted in accordance with the terms of the Franchise Agreement. This includes, but is not limited to, the requirements set forth in Article 18 of the agreement.

Specifically, all matters relating to arbitration will be governed by the United States Federal Arbitration Act, except as expressly stated otherwise in the agreement. The arbitration hearing must be conducted within 180 days of the demand for arbitration. The arbitrator is required to provide written findings of fact and conclusions of law.

Furthermore, the arbitrator has the right to award any relief deemed proper, including monetary damages, interest, specific performance, injunctive relief, attorney's fees, and costs, unless otherwise prohibited by the agreement. However, the arbitrator cannot declare the Licensed Marks to be generic or invalid. Both Mrcool and the franchisee are bound by the limitations periods set forth in Article 18.I of the agreement and must submit any compulsory counterclaims as defined by Rule 13 of the United States Federal Rules of Civil Procedure within the same arbitration proceeding. Failure to do so will result in the claim being barred. Judgment upon the arbitrator's award may be entered in any court of competent jurisdiction.

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.