If the parties cannot agree on an expert for Bevaris Alliance, what action can either party take?
Bevaris_Alliance Franchise · 2024 FDDAnswer from 2024 FDD Document
signee has been given to the Franchisee and Individual.
- 23.4 Each party to this agreement is acting on its own behalf and not for the benefit of another person.
24. Expert determination
- 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
Source: Item 23 — RECEIPT (FDD pages 22–88)
What This Means (2024 FDD)
According to Bevaris Alliance's 2024 Franchise Disclosure Document, if the parties cannot agree on an expert or the terms of their appointment within seven days of either party providing details of a suggested expert, either party can request a court of competent jurisdiction per clause 27.15 to appoint an expert. This expert should have a good reputation and experience in franchise matters.
This clause ensures that disputes requiring expert determination can proceed even if the parties initially disagree on who should serve as the expert. By allowing a court to appoint the expert, it prevents one party from obstructing the process by simply refusing to agree on a suitable candidate. The expert's role is to provide an impartial and informed decision on the matter at hand.
Clause 27.15 specifies that the courts of California have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with the franchise agreement. Therefore, any request to appoint an expert would need to be made to a court within California. This arrangement provides a clear legal framework for resolving disagreements and ensures that both Bevaris Alliance and the franchisee have a mechanism to move forward in case of an impasse.