Is a Beyond Juicery Eatery developer permitted to file an arbitration claim as a class action?
Beyond_Juicery_Eatery Franchise · 2025 FDDAnswer from 2025 FDD Document
Developer agrees that it will not file any arbitration claim as a class action, seek class action status, or permit its claim to be joined or made part of any class action filed by another. Developer further agrees that it will not file or join in any consolidated arbitration.
Developer acknowledges that it has read the terms of this binding arbitration provision and affirms that this provision is entered into willingly and voluntarily and without any fraud, duress or undue influence on the part of Franchisor or any of Franchisor's agents or employees.
Source: Item 23 — RECEIPTS (FDD pages 60–337)
What This Means (2025 FDD)
According to Beyond Juicery Eatery's 2025 Franchise Disclosure Document, a developer is not permitted to file an arbitration claim as a class action. The agreement specifies that the developer cannot seek class action status or join any class action filed by another party. Additionally, the developer is prohibited from filing or participating in any consolidated arbitration.
This clause means that each developer must pursue any claims against Beyond Juicery Eatery individually. This can be a disadvantage for developers, as it prevents them from pooling resources and sharing costs in arbitration. Class actions and consolidated arbitrations are often more efficient and cost-effective for addressing common grievances among multiple franchisees.
The FDD emphasizes that the developer acknowledges they have read and understand the binding arbitration provision and that they enter into it willingly and voluntarily, without any fraud, duress, or undue influence from Beyond Juicery Eatery. Prospective developers should carefully consider the implications of this clause and consult with legal counsel to fully understand their rights and obligations regarding dispute resolution.