In Ice Rak, LLC v. Rita's Franchise Co., LLC, the
Court enforced an arbitration agreement against a non-signatory of
the same agreement because courts will consider the significance of
the franchisees' actions and representations regarding their
relationship with the franchisor prior to the dispute.
Regina Tullio and Ramil Kaminsky entered into a franchise
agreement with Rita's Franchise Company, LLC ("RFC")
on July 31, 2020, to open a Rita's frozen dessert shop in
Florida. The agreement included a mandatory arbitration clause.
Shortly after the agreement was signed, Tullio and Kaminski
incorporated Ice Rak, LLC and served as its managers and sole
members. On May 2, 2021, Ice Rak found a location for the
Rita's shop and signed a lease agreement. Tullio and Kaminsky
personally guaranteed the lease. That day, RFC, Ice Rak, and Ice
Rak's landlord signed a lease rider stating that the location
would "only be used . . . for the operation of a Rita's
shop," and listed
