What happens if the parties cannot agree on the terms of the Expert's appointment for Bevaris Alliance?

According to Bevaris Alliance's 2024 Franchise Disclosure Document, if the parties cannot agree on an expert or the terms of their appointment, either party has the right to request a court of competent jurisdiction to appoint an expert. This request must be made within seven days of either party providing details of a suggested expert to the other party. The expert appointed by the court must be of repute and have experience in franchise matters.

This clause ensures that disputes can be resolved by an impartial expert even if the parties involved cannot agree on the expert initially. By allowing a court to appoint the expert, the franchise agreement aims to prevent deadlocks and ensure a fair resolution process. The expert's decision is binding on both parties, absent manifest error or fraud, as detailed elsewhere in the FDD.

For a prospective Bevaris Alliance franchisee, this means that in the event of a dispute requiring expert determination, they are not entirely dependent on reaching an agreement with Bevaris Alliance on who the expert should be. If an agreement cannot be reached within seven days, the franchisee can petition a court to appoint an expert, providing an alternative path to resolution. This can be particularly important if the franchisee believes that Bevaris Alliance might be unwilling to agree to a neutral expert. The franchisee should be aware of the costs associated with this process, as each party bears its own costs, while the expert's fees are borne as the expert directs.