Does the Expert have discretion to determine procedures for the determination process for Bevaris Alliance?
Bevaris_Alliance Franchise · 2024 FDDAnswer from 2024 FDD Document
- 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, the appointed Expert has some discretion in determining procedures to assist with the determination process.
Specifically, the Expert may determine procedures to assist with the conduct of the determination as the Expert considers just or appropriate. This includes instructing professional advisors to assist the Expert in reaching his or her determination.
However, this discretion is not unlimited. The FDD states that the Expert's discretion is considered 'reasonable'. Additionally, the parties involved are entitled to make submissions to the Expert, including oral submissions, and must provide the Expert with any assistance and documents reasonably required to reach a decision. This suggests that while the Expert can determine procedures, they must still allow for input and cooperation from both parties involved in the determination process.