Does the requirement to arbitrate disputes for Beyond Juicery Eatery apply to all disputes?
Beyond_Juicery_Eatery Franchise · 2025 FDDAnswer from 2025 FDD Document
| Provision | Section in Franchise Agreement | Summary |
|---|---|---|
| p. Death or disability of franchisee | Section 13 | After the death or incapacity of an owner of the franchise, his or her |
| representative must transfer, subject to the terms of the Franchise | ||
| Agreement, the individual’s interest in the franchise within one year of | ||
| death or incapacity or we may terminate the Franchise Agreement. | ||
| q. Non-competition covenants during the term of the franchise | Section 12 | You, your owners (and members of their families and households) and your officers, directors, executives, managers, professional staff, and employees are prohibited from soliciting employees; owning or operating a Competing Business or have any interest in a competing business. |
| r. Non-competition covenants after the franchise is terminated or expires | Section 16 | For 3 years after the termination or expiration of the Franchise Agreement, you, your owners (and members of their families and households) and your officers, directors, executives, managers or professional staff are prohibited from: owning or working for a Competing Business operating within 20 miles of the franchise location designated area or within 20 miles of any other Beyond Juicery + Eatery Restaurant designated area; or soliciting or influencing any of our customers, employees or business associates to compete with us or terminate their relationship with us. |
| s. Modification of the agreement | Section 25 | The Franchise Agreement can be modified only by written agreement |
| between you and us. We may modify the Confidential Operations | ||
| Manuals without your consent if the modification does not materially alter | ||
| your fundamental rights. | ||
| t. Integration/merger clause | Section 25 | Only the terms of the Franchise Agreement are binding. Any other |
| promises other than as set forth in this Franchise Disclosure Document are | ||
| not enforceable. | ||
| u. Dispute resolution by arbitration or mediation | Section 23 | Except for claims relating to the Trademarks, confidential information, trade secrets and covenants not to compete, and subject to state law, all disputes must be arbitrated in the county of our principal place of business. |
Source: Item 17 — RENEWAL, TERMINATION, TRANSFER, AND DISPUTE RESOLUTION (FDD pages 50–56)
What This Means (2025 FDD)
According to Beyond Juicery Eatery's 2025 Franchise Disclosure Document, not all disputes are subject to arbitration. The document specifies exceptions to the arbitration requirement.
Specifically, claims relating to Beyond Juicery Eatery's trademarks, confidential information, trade secrets, and covenants not to compete are excluded from mandatory arbitration. This means that if a dispute arises over these particular issues, Beyond Juicery Eatery or the franchisee may choose to pursue the matter in court rather than through arbitration.
For a prospective franchisee, this is an important consideration. It means that while most disputes will be handled through arbitration (which is generally less formal and potentially less expensive than litigation), certain critical areas of the franchise agreement, particularly those concerning Beyond Juicery Eatery's intellectual property and competitive restrictions, may be litigated in court. Franchisees should be aware of these exceptions and understand the implications for dispute resolution.