Do the provisions of Article 17 apply to actions against Better Blend's personnel?
Better_Blend Franchise · 2024 FDDAnswer from 2024 FDD Document
- 17.7 Franchisor Personnel. The provisions of this Article 17 will apply to any Action by Franchisee or its Owners against BBF's officers, directors, shareholders, members, employees, and/or agents.
Nothing in this Agreement authorizes any Action against BBF's officers, directors, shareholders, members, employees, and/or agents or makes those persons liable for BBF's conduct.
Source: Item 22 — CONTRACTS (FDD page 43)
What This Means (2024 FDD)
According to Better Blend's 2024 Franchise Disclosure Document, the provisions of Article 17, which pertains to dispute resolution, apply to any action by a franchisee or their owners against Better Blend's officers, directors, shareholders, members, employees, and/or agents. This means that if a franchisee has a dispute with Better Blend and chooses to take action against any of the aforementioned personnel, the dispute resolution methods outlined in Article 17 must be followed.
However, the FDD also states that nothing in the agreement authorizes any action against Better Blend's officers, directors, shareholders, members, employees, and/or agents or makes those persons liable for Better Blend's conduct. This clause appears to limit the scope of liability for Better Blend personnel, even while mandating that disputes involving them adhere to Article 17's procedures.
In practical terms, this means a franchisee cannot directly sue or hold Better Blend personnel liable for actions related to the franchise agreement. Instead, disputes must be pursued against Better Blend as an entity, following the dispute resolution process detailed in Article 17. This includes potential mediation or arbitration before litigation, as specified in the agreement. Franchisees should carefully review Article 17 to understand the specific dispute resolution steps and limitations, including time limits and venue requirements, to ensure compliance and protect their rights.