Where must any claim against Zoomin Groomin be brought in North Dakota?
Zoomin_Groomin Franchise · 2025 FDDAnswer from 2025 FDD Document
Jurisdiction and Venue: The provisions concerning choice of law and jurisdiction and venue are hereby deleted and in their place is substituted the following language:
"You agree to bring any claim against us, including our present and former employees, agents, and affiliates, which in any way relates to or arises out of this Agreement, or any of the dealings of the parties hereto, solely in arbitration before the American Arbitration Association."
Item 17(u) of the Disclosure Document is modified to provide that the site of mediation and arbitration shall be agreeable to all parties and may not be remote from the franchisee's place of business.
Source: Item 17 — g. of the Disclosure Document is modified to state that, in addition to the grounds for immediate termination specified in Item 17.h., the franchisor can terminate upon written notice and a 60 day opportunity to cure for a breach of the Franchise Agreement. (FDD pages 51–65)
What This Means (2025 FDD)
According to Zoomin Groomin's 2025 Franchise Disclosure Document, the standard jurisdiction and venue provisions are modified for franchises governed by North Dakota law. Instead of the standard terms, any claim against Zoomin Groomin, including its employees, agents, and affiliates, that relates to the Franchise Agreement or the dealings between the parties must be brought solely in arbitration before the American Arbitration Association.
This means that if a Zoomin Groomin franchisee in North Dakota has a dispute with the company, they cannot sue in a regular court. Instead, they must go through arbitration, which is a form of alternative dispute resolution where a neutral third party hears both sides of the argument and makes a decision. The location of the mediation and arbitration must be agreeable to all parties and cannot be far from the franchisee's place of business.
This modification is important for prospective franchisees in North Dakota because it changes the way disputes are resolved. Arbitration may be faster and less expensive than going to court, but it also means giving up the right to a jury trial. Franchisees should consider the implications of this requirement and consult with an attorney to understand their rights under North Dakota law.