Who are considered 'Parties' in the definition of 'Dispute' within the Southern Steer franchise agreement?
Southern_Steer Franchise · 2025 FDDAnswer from 2025 FDD Document
Subject to Section 22.4, "Dispute" means any disputes, controversies or claims between Franchisor, its Affiliate, shareholders, owners, officers, directors, agents, employees and attorneys (in their respective capacity) and Franchisee and Franchisee's Operating Principal, Owners, Guarantors, Designated Manager(s), affiliates, officers, directors, agents and employees (collectively, "Parties") (a) arising out of or related to this Agreement or any other agreement between the Parties relating to the Southern Steer Business or the relationship of the Parties hereto; (b) the relationship of the Parties hereto; (c) Franchisee's operation of its Southern Steer Business; or (d) the scope or validity of this Agreement or any other agreement between the Parties relating to the Southern Steer Business or the relationship of the Parties hereto or any provision thereof (including the validity and scope of the arbitration obligation, which Franchisee and Franchisor acknowledge will be determined by an arbitrator and not a court, unless the arbitrator invalidates the Arbitration provision in its entirety, in which case, wither party has the right to appeal such invalidation to a court of competent jurisdiction).
Source: Item 22 — ITEM. 22 CONTRACTS (FDD pages 61–168)
What This Means (2025 FDD)
According to the 2025 Southern Steer Franchise Disclosure Document, the definition of "Dispute" includes specific entities considered as "Parties." These Parties encompass both sides of the franchise agreement and related individuals or entities. For Southern Steer, this includes the Franchisor, its Affiliates, shareholders, owners, officers, directors, agents, employees, and attorneys (acting in their official capacities).
On the franchisee side, the Parties include the Franchisee, the Franchisee's Operating Principal, Owners, Guarantors, Designated Manager(s), affiliates, officers, directors, agents, and employees. This comprehensive list ensures that all individuals and entities closely associated with either the franchisor or franchisee are included in the definition of "Parties" for dispute resolution purposes.
This definition is important because it clarifies who can be involved in a dispute arising from the franchise agreement, any related agreements, the relationship between the parties, the franchisee's operation of the Southern Steer Business, or the scope and validity of the agreements. By explicitly naming these parties, Southern Steer aims to avoid ambiguity and ensure that all relevant stakeholders are subject to the dispute resolution process outlined in the franchise agreement.