According to the Bevaris Alliance FDD, what is the definition of an 'Expert'?
Bevaris_Alliance Franchise · 2024 FDDAnswer from 2024 FDD Document
24. Expert determination
- 24.1 Expert means a person appointed in accordance with this clause 24.
- 24.2 The parties shall agree on the appointment of an independent Expert and shall agree with the Expert the terms of his appointment.
- 24.3 If the parties are unable to agree on an Expert or the terms of his appointment within seven days of either party serving details of a suggested expert on the other, either party shall then be entitled to request a court of competent jurisdiction per clause 27.15 to appoint an Expert of repute with experience in franchise matters.
- 24.4 The Expert is required to prepare a written decision and give notice (including a copy) of the decision to the parties within a maximum of 90 days of the matter being referred to the Expert.
- 24.5 If the Expert dies or becomes unwilling or incapable of acting, or does not deliver the decision within the time required by this clause then:
- (a) either party may apply to a court of competent jurisdiction per clause 27.15 to discharge the Expert and to appoint a replacement Expert with the required expertise; and
- (b) this clause shall apply to the new Expert as if he were the first Expert appointed.
- 24.6 All matters under this clause must be conducted, and the Expert's decision shall be written, in the English language.
- 24.7 The parties are entitled to make submissions to the Expert including oral submissions and will provide (or procure that others provide) the Expert with such assistance and documents as the Expert reasonably requires for the purpose of reaching a decision.
- 24.8 To the extent not provided for by this clause, the Expert may in the Expert's reasonable discretion determine such other procedures to assist with the conduct of the determination as the Expert considers just or appropriate, including instructing professional advisers to assist the Expert in reaching his or her determination.
Source: Item 23 — RECEIPT (FDD pages 22–88)
What This Means (2024 FDD)
According to the 2024 Bevaris Alliance Franchise Disclosure Document, an 'Expert' is defined within the context of dispute resolution. Specifically, it refers to a person appointed to resolve disagreements between Bevaris Alliance and its franchisees.
The FDD outlines a process for appointing an independent Expert to help resolve disagreements. Both Bevaris Alliance and the franchisee must agree on who this Expert will be, as well as the terms of their appointment. If they cannot agree within seven days after one party suggests an expert to the other, either party has the right to ask a court of competent jurisdiction to appoint a qualified Expert with experience in franchise matters.
The Expert is required to provide a written decision within 90 days of the matter being referred to them. If the Expert cannot fulfill their duties due to death, unwillingness, inability, or failure to deliver a decision on time, either party can ask a court to discharge the Expert and appoint a replacement. All proceedings and decisions made by the Expert must be in English. Both parties can submit information, including oral submissions and documents, to assist the Expert in reaching a decision. The Expert has the discretion to determine other procedures to aid in the determination, including consulting professional advisors.