Disputes are those arguments that we all strive to avoid; however, conflicts can arise and as a result cause disputes. Therefore, a guideline to manage disputes is necessary. Legal disputes can become very expensive and the ability to avoid the need to go to attorneys and courts to resolve the dispute will ultimately eliminate such costs. The following dispute procedures have been put in place to assist all involved.
Dispute Between Franchisor and Franchisee
Should a dispute arise between a Franchisee and the Franchisor, either party may call for arbitration through a Board formed by members of the SAGH organisation. This Board will comprise any franchisee and attorney that the Franchisee chooses. An additional attorney of neutral interest to both parties will be appointed to complete the Board. This Board must be appointed within 14 (fourteen days) of the dispute arising. The decision of the Board will be final and binding on all parties.
Should any costs arise out of the formation of the Board, these expenses will be borne by the Franchisee and Agent respectively, or as per the Board’s decision.
The Board meeting will be held in the jurisdiction of the Franchisor.
Dispute between Franchisee and Agent
Should a dispute arise between a Principal and an Agent, either party may call for arbitration through a Board formed from members of the SAGH organisation. This Board will comprise any two agents that the Agent chooses, any two principals that the Principal chooses, and an attorney appointed by SAGH. Any such disputes must be brought to the Franchisor’s attention within 7 (seven) calendar days of the dispute arising, and the Franchisor will first see if the dispute can be resolved before the formation of any Board becomes necessary.
Should any costs arise out of the formation of the Board, these expenses will be borne by the Franchisee and Agent respectively, or as per the Board’s decision.
Dispute Between Franchisee and Internal Staff
As it is necessary for all staff of the Franchisee to sign the SAGH Code of Ethics and Business Practice, the same procedure as in clause b) above is applicable.
The above dispute procedures have been implemented to save time and money for all involved.
