In the event of a dispute, how is an expert appointed for Bevaris Alliance?

Question

Accepted Answer

|    |                                 |              | 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. |

Source: Item 17 — RENEWAL, TERMINATION, TRANSFER AND DISPUTE RESOLUTION (FDD pages 17–18)

In the event of a dispute, how is an expert appointed for Bevaris Alliance?

Answer from 2024 FDD Document

What This Means (2024 FDD)

			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.