In what court can judgment upon the arbitrator's award be entered for Mrcool?

According to Mrcool's 2025 Franchise Disclosure Document, judgment upon the arbitrator's award may be entered in any court of competent jurisdiction. This means that after arbitration, the winning party can seek to have the arbitrator's decision legally recognized and enforced by a court that has the authority to hear the case.

For Mrcool franchisees, this clause ensures that arbitration awards are not merely advisory but can be converted into legally binding judgments. This provides a mechanism for enforcing the arbitrator's decision through the court system if the losing party does not voluntarily comply with the award. The phrase 'any court of competent jurisdiction' offers flexibility, allowing the winning party to choose a court that has the appropriate authority based on factors such as location and the nature of the dispute.

However, Mrcool also specifies that any judicial action or legal proceeding must be brought in a court of competent jurisdiction located within Kentucky and within Graves County or the county closest to Graves County. This clause dictates that any lawsuit against Mrcool must be filed in a specific location, which could be a disadvantage for franchisees located far from Kentucky. Franchisees should be aware of this venue restriction, as it could increase their costs and inconvenience if they need to pursue legal action against Mrcool.

For franchisees in Illinois, the FDD states that any provision in a Franchise Agreement that designates jurisdiction or venue outside the State of Illinois is void; however, a Franchise Agreement may provide for arbitration in a venue outside Illinois. For franchisees in Washington, in any mediation or arbitration involving a franchise purchased in Washington, the mediation or arbitration site shall 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. 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.