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Does the B Bops franchise agreement specify a maximum amount that can be recovered in legal fees?

B_Bops Franchise · 2025 FDD

Answer from 2025 FDD Document

  • C.

Costs and Attorney's Fees.

If Company or any affiliate thereof is required to institute any legal or arbitration proceeding to collect any amounts owing from Franchisee or to enforce the terms of this Agreement and if Company or such affiliate prevails in such proceeding, Company or such affiliate shall be entitled to reimbursement from Franchisee of its costs and expenses incurred in connection therewith, including attorneys' or accountants' fees, court costs and costs of investigation.

Source: Item 22 — CONTRACTS (FDD page 53)

What This Means (2025 FDD)

According to B Bops's 2025 Franchise Disclosure Document, the franchise agreement does not specify a maximum amount for the recovery of legal fees. Instead, it stipulates that B Bops is entitled to reimbursement from the franchisee for costs and expenses, including attorneys' or accountants' fees, court costs, and costs of investigation, if B Bops or its affiliates prevail in any legal or arbitration proceeding to collect amounts owed by the franchisee or to enforce the terms of the franchise agreement. This means that a franchisee could potentially be liable for a significant amount in legal fees if they are found to be in breach of the franchise agreement and B Bops successfully pursues legal action.

This arrangement is fairly standard in franchising, where the franchisee typically bears the risk of covering the franchisor's legal costs in the event of a dispute that the franchisor wins. The absence of a specified maximum amount means the franchisee's liability is potentially unlimited, depending on the complexity and duration of the legal proceedings.

Prospective franchisees should be aware of this open-ended liability and factor it into their risk assessment when considering a B Bops franchise. It would be prudent to consult with a legal professional to fully understand the implications of this clause and to assess the potential costs associated with legal disputes. Understanding the full scope of potential financial obligations is crucial for making an informed investment decision.

Disclaimer: This information is extracted from the 2025 Franchise Disclosure Document and is provided for research purposes only. It does not constitute legal or financial advice. Consult with a franchise attorney before making any investment decisions.