What disputes related to Beyond Juicery Eatery are excluded from the arbitration agreement?
Beyond_Juicery_Eatery Franchise · 2025 FDDAnswer from 2025 FDD Document
| LLC | Area | Development | Agreement | between | ||||||
|---|---|---|---|---|---|---|---|---|---|---|
| ("Developer" or "You") and Beyond Juicery + Eatery Franchising, | ||||||||||
| LLC, a Michigan | limited liability company ("Franchisor," "we" or "us") dated, 20 | |||||||||
| (the "Agreement") shall be amended by the addition of the following language, which shall be | ||||||||||
| considered an integral part of the Agreement (the "Amendment"): |
-
- In recognition of the requirements of the Washington Franchise Investment Protection Act, Washington Rev Code §§19.100.010 – 19.100.940, the Area Development Agreement for Beyond Juicery + Eatery Franchising, LLC is amended as follows:
- The Washington Franchise Investment Protection Act provides you rights concerning non-renewal and termination of the Area Development Agreement. If the Agreement contains a provision that is inconsistent with the Act, the Act shall control.
- Section 8 requires you to sign a general release as a condition of renewal or transfer. Such release shall exclude claims arising under the Washington Franchise Investment Protection Act.
- Section 19 requires litigation or arbitration to be conducted in the State of Washington; the requirement shall not limit any rights you may have under the Washington Franchise Investment Protection Act to bring suit in the State of Washington.
Source: Item 23 — RECEIPTS (FDD pages 60–337)
What This Means (2025 FDD)
According to the 2025 Beyond Juicery Eatery FDD, the specific exclusions from the arbitration agreement depend on the state in which the franchise or area development agreement is established. For instance, in Washington, the addendum to the Area Development Agreement specifies that the requirement for litigation or arbitration to be conducted in Washington does not limit any rights a franchisee may have under the Washington Franchise Investment Protection Act to bring suit in the State of Washington. Additionally, any release signed as a condition of renewal or transfer must exclude claims arising under the Washington Franchise Investment Protection Act.
Similarly, in New York, the addendum to the Area Development Agreement states that any release required as a condition of renewal or transfer shall exclude claims arising under the General Business Laws of the State of New York.
In Indiana, the addendum to the Franchise Agreement specifies that Section 23.02 is amended to allow a franchisee to commence litigation in Indiana for any cause of action under Indiana law. Furthermore, arbitration between Beyond Juicery Eatery and the franchisee must be conducted at a mutually agreed-upon location. In Hawaii, any release signed as a condition of renewal or transfer of the franchise must exclude claims arising under the Hawaii Franchise Investment Law.