For Bevaris Alliance, what is the clause number that defines 'Expert'?
Bevaris_Alliance Franchise · 2024 FDDAnswer from 2024 FDD Document
- 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.
Source: Item 23 — RECEIPT (FDD pages 22–88)
What This Means (2024 FDD)
According to the 2024 FDD, clause 24.1 defines 'Expert' for Bevaris Alliance. Specifically, it states that an "Expert" refers to a person appointed in accordance with the conditions outlined in clause 24 of the franchise agreement.
Clause 24 further elaborates on the process of appointing an expert, stating that both parties (the franchisor and franchisee) must agree on the appointment of an independent expert and the terms of their engagement. If they cannot agree within seven days of one party suggesting an expert, either party can request a court of competent jurisdiction to appoint a qualified expert with experience in franchise matters, as detailed in clause 27.15.
The expert is required to provide a written decision within 90 days of the matter being referred to them. The clause also addresses situations where the expert is unable to fulfill their duties, providing a mechanism for appointing a replacement. All proceedings and decisions must be conducted and written in English, and both parties are entitled to submit information to the expert.