In Bevaris Alliance dispute resolution, what is the timeframe for the expert to issue a written decision?
Bevaris_Alliance Franchise · 2024 FDDAnswer from 2024 FDD Document
| Document download | |||
|---|---|---|---|
| Section in Franchise | |||
| Pr | ovision | Agreement | Summary which must be approved by us. |
| 1. | Bevaris approval of transfer | Section | We have the right to approve all transfers, which shall be |
| by franchisee | 16.11 | subject to the provisions of the Franchise Agreement. | |
| m. | Conditions for Bevaris | Section | Transferee approved by us, transfer fee paid, transferee |
| approval of transfer | 16.11 | not competitor, your account is current, you sign a release, transferee signs all documents, lender consents, and subordination agreements. | |
| n. | Bevaris' right of first refusal to acquire franchisee's business | Section 16.3 | Bevaris can match any offer for the purchase of Your franchise at Bevaris' option. |
| 0. | Bevaris' option to purchase Your business | Section 16.7 | Upon transfer, fair market value (but no value for goodwill), legal compliance, no assumption of your liabilities. |
| p. | Death or disability of franchisee | Section 17 | Franchise may be assigned by estate to approve transferee in three months. |
| q. | Non-competition covenants during the term of the franchise | Section 20.1 | You are prohibited from operating or having an interest in a similar business. |
| r. | Non-competition covenants after the franchise is terminated or expires | Section 20.1 | You are prohibited for 24 months from expiration or termination of the franchise from having a connection with a competing business. |
| s. | Modification of the | Not | No modifications generally, but the Bevaris Alliance |
| agreement | Applicable. | Manual is subject to change. Renewal or extension may subject franchisee to additional restrictions. | |
| t. | Integration/merger clause | Section 27.4 | Only the terms of the Franchise Agreement are binding. Any other oral or written promises are not enforceable; including anything set forth in this Disclosure Document. |
| u. | Dispute resolution by arbitration or mediation | Section 24 | If the parties have a dispute, the parties shall agree on the appointment of an expert, who shall issue a written decision and give notice of the decision to the parties within 90 days of the matter being referred to the expert. The expert's decision shall be final and binding on the parties. |
| v. | Choice of forum | Section 27.15 | In California. |
| w. | Choice of law | Section 27.14 | California law applies. |
Source: Item 17 — RENEWAL, TERMINATION, TRANSFER AND DISPUTE RESOLUTION (FDD pages 17–18)
What This Means (2024 FDD)
According to Bevaris Alliance's 2024 Franchise Disclosure Document, if a dispute arises between the parties, they will agree on an expert to resolve it. This expert is required to provide a written decision within 90 days of the matter being referred to them.
This process is designed to offer a relatively quick resolution to disputes, which can be beneficial for franchisees by avoiding lengthy and costly legal battles. The expert's decision is considered final and binding, meaning both Bevaris Alliance and the franchisee must adhere to it.
While this dispute resolution process aims for efficiency, franchisees should carefully consider the implications of being bound by an expert's decision. It's important to understand the types of disputes that might arise and whether expert resolution is the most favorable approach for all situations. Franchisees might want to seek legal counsel to fully understand their rights and obligations under this dispute resolution process.
It is also important to note that the choice of forum is in California and California law applies.