What is the meaning of 'Expert' as defined in clause 24 of the Bevaris Alliance franchise agreement?
Bevaris_Alliance Franchise · 2024 FDDAnswer from 2024 FDD Document
- 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 appoint an Expert of repute with experience in franchise matters.
- 24.4 The Expert is required to prepare a written decision and give notice (including a copy) of the decision to the parties within a maximum of 90 days of the matter being referred to the Expert.
- 24.5 If the Expert dies or becomes unwilling or incapable of acting, or does not deliver the decision within the time required by this clause then:
- (a) either party may apply to a court of competent jurisdiction per clause 27.15 to discharge the Expert and to appoint a replacement Expert with the required expertise; and
- (b) this clause shall apply to the new Expert as if he were the first Expert appointed.
- 24.6 All matters under this clause must be conducted, and the Expert's decision shall be written, in the English language.
- 24.7 The parties are entitled to make submissions to the Expert including oral submissions and will provide (or procure that others provide) the Expert with such assistance and documents as the Expert reasonably requires for the purpose of reaching a decision.
- 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 term 'Expert' is specifically defined within the context of clause 24 of the franchise agreement. Clause 24 outlines the process for 'Expert determination,' which appears to be a mechanism for resolving disputes or making specific decisions related to the franchise agreement.
The FDD states that an 'Expert' refers to an individual appointed according to the guidelines established in clause 24. The process involves both parties (Bevaris Alliance and the franchisee) agreeing on an independent expert and the terms of their appointment. If an agreement cannot be reached within seven days after one party suggests an expert to the other, either party has the right to request a court of competent jurisdiction (as defined in clause 27.15) to appoint a qualified expert with experience in franchise matters.
The selected expert is required to provide a written decision within 90 days of the matter being referred to them. If the expert cannot fulfill their duties due to death, unwillingness, or inability to act, or if they fail to deliver a decision within the specified timeframe, either party can ask a court to discharge the expert and appoint a replacement. All proceedings under this clause must be conducted in English, and both parties can submit information, including oral submissions and documents, to assist the expert in reaching a decision. The expert has the discretion to determine additional procedures to aid in the determination, including consulting professional advisors.