If mediation fails for Zoomin Groomin, what is the next step for resolving the matter?
Zoomin_Groomin Franchise · 2025 FDDAnswer from 2025 FDD Document
ys of receipt of the Response, such party will request mediation by:
- a. completing the request for mediation form at: https://www.adr.org/sites/default/files/Request\_for\_Mediation.pdf
- b. paying the applicable fee imposed and collected by the American Arbitration Association ("AAA") to initiate a mediation proceeding, and
- c. notifying the other party.
The mediation will be conducted in accordance with the mediation rules of the AAA.
E. Arbitration
If a Matter cannot be resolved through Mediation, then you must submit the Matter to binding and final arbitration in accordance with the rules of the AAA.
F. Proportionality of Fees
Your attorney must include in your demand for arbitration an estimate for legal fees ("Budget") necessary to establish liability and damages. The Budget will include the maximum number of: a) witness, b) experts and c) documents. The Arbitrator will evaluate the Budget for proportionality to the Cure. The Budget must be approved by the Arbitrator, before conducting any discovery, or hearings. The Arbitrator must approve any increases in the Budget.
9.2.Enforceable
In the event such Matter is resolved following submission to arbitration, then the decision and award determined by such arbitration will be final and binding upon both parties, enforceable by any court of competent jurisdiction.
9.3.Costs and Attorney Fees
If we are the substantially prevailing party as to any Claims, you agree to reimburse our costs and attorney fees incurred in pursuing or defending the Claims.
9.4.Arbitration Exclusions.
If we choose, we may bring any Claims in the state and federal courts located nearest to our headquarters or in such other location where jurisdiction and venue may be proper.
9.5.Limitations and Waivers
A.
Source: Item 9 — 01. Financial Statements and Exhibits. (FDD pages 68–156)
What This Means (2025 FDD)
According to Zoomin Groomin's 2025 Franchise Disclosure Document, if a resolution cannot be reached through mediation, the franchisee must submit the matter to binding and final arbitration. This arbitration will be conducted following the rules established by the American Arbitration Association (AAA).
Before any discovery or hearings take place, the franchisee's attorney must provide an estimate for legal fees, including the maximum number of witnesses, experts, and documents. The arbitrator will then evaluate this budget to ensure it is proportional to the attempted resolution. Any increases to the budget must be approved by the arbitrator.
The decision and award determined through arbitration will be final and binding on both Zoomin Groomin and the franchisee. This decision can be enforced by any court with the appropriate jurisdiction. However, Zoomin Groomin retains the right to bring claims against the franchisee in state and federal courts located near their headquarters.
It is important to note that before commencing any action for a claim, the franchisee must notify Zoomin Groomin within 30 days of the violation or breach. Failure to provide timely notice will prevent any claim for damages. Additionally, any claims against Zoomin Groomin must be brought within one year of the occurrence of the facts that led to the claim.