factual

Does the Mrcool franchise agreement require both parties to participate in mediation in good faith?

Mrcool Franchise · 2025 FDD

Answer from 2025 FDD Document

7.6 CHOICE OF LAW, NON-BINDING MEDIATION, BINDING ARBITRATION, AND CONSENT TO JURISDICTION

(1) Non-Binding Mediation – Franchisee and Franchisor agree that before either party may bring any action, dispute and/or controversy arising

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

What This Means (2025 FDD)

Based on the 2025 Mrcool Franchise Disclosure Document, the franchise agreement outlines a process for non-binding mediation before either party can initiate legal action regarding disputes. Specifically, both the franchisee and Mrcool agree to participate in non-binding mediation to resolve any disputes or controversies that may arise.

This requirement for non-binding mediation means that a prospective Mrcool franchisee must attempt to resolve disputes through mediation before pursuing litigation or other legal remedies. While the mediation is non-binding, meaning that neither party is forced to accept the outcome, it does mandate a good-faith effort to find a resolution through this process. This can potentially save time and money compared to going straight to court or arbitration.

The FDD also includes state-specific amendments that may affect the mediation process. For example, for franchises purchased in Washington, the mediation site must be in Washington or a location mutually agreed upon. For franchisees in Illinois, the Illinois Franchise Disclosure Act dictates that Illinois law governs the agreements, but the agreement may provide for arbitration outside of Illinois. These state-specific regulations highlight the importance of understanding how local laws can modify the standard franchise agreement.

Overall, the mediation clause in the Mrcool franchise agreement reflects a common practice in franchising, where mediation or other forms of alternative dispute resolution are encouraged to resolve conflicts efficiently. However, the specific terms and conditions, including any state-specific amendments, should be carefully reviewed by a prospective franchisee with legal counsel to fully understand their rights and obligations.

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.