Where must Mrcool mediation take place?
Mrcool Franchise · 2025 FDDAnswer from 2025 FDD Document
presentations made in the Franchise Disclosure Document, its exhibits and amendments. | | u. | Dispute resolution by arbitration or mediation | 18.G. | Except for certain claims for injunctive relief, all disputes must first be submitted to non-binding mediation in Graves County, Kentucky and, if mediation is unsuccessful, then to binding arbitration in Graves County, Kentucky. This provision is subject to applicable state law. | | v. | Choice of forum | 18.G. | All mediation, arbitration and, if applicable, litigation proceedings must be conducted in, or closest to, State court of general jurisdiction that is within or closest to Graves County, Kentucky. This provision is subject to applicable state law. | | w. | Choice of law | 18.F. | Kentucky law will govern. However, this provision is subject to state law and as otherwise disclosed in Exhibit I to this Disclosure Document. |
The Franchise Relationship Under a Multi-Unit Development Agreement
THE FRANCHISE RELATIONSHIP
**This table lists certain important provisions of the Franchise and related agreements.
Source: Item 17 — RENEWAL, TERMINATION, TRANSFER AND DISPUTE RESOLUTION (FDD pages 43–50)
What This Means (2025 FDD)
According to Mrcool's 2025 Franchise Disclosure Document, any disputes that arise, with the exception of claims for injunctive relief, must first undergo non-binding mediation. This mediation is required to take place in Graves County, Kentucky.
If the mediation is not successful in resolving the dispute, the matter will then proceed to binding arbitration, which is also stipulated to occur in Graves County, Kentucky. Furthermore, should litigation become necessary, the proceedings must be conducted in the state court of general jurisdiction that is within or closest to Graves County, Kentucky.
It is important to note that these dispute resolution provisions, including the location of mediation, arbitration, and litigation, are subject to applicable state laws. This means that depending on the franchisee's location, certain state laws may override or modify these requirements. Prospective franchisees should consult with a legal professional to understand how these provisions apply to them, considering their specific state laws and circumstances.