Who has the right to retain counsel in connection with any claim against a Beyond Juicery Eatery franchise?
Beyond_Juicery_Eatery Franchise · 2025 FDDAnswer from 2025 FDD Document
- G.
You shall immediately notify us of any (i) infringement of the Trademarks or challenge to the use of any thereof or (ii) claim by any person of any rights in or to any of the Trademarks.
You and each Principal Owner shall not communicate with any person except us or our counsel in connection with any such infringement, challenge, or claim.
We, in our sole discretion, may take such action as we deem appropriate, and shall exclusively control any litigation or proceeding arising from any infringement, challenge, or claim or otherwise relating to any of the Trademarks.
You shall execute any and all instruments and documents, render such assistance and do such acts and things as may, in our opinion or in the opinion of our counsel, be necessary or advisable in any such litigation or proceeding or to otherwise protect or maintain our rights and interest in the Trademarks.
Source: Item 23 — RECEIPTS (FDD pages 60–337)
What This Means (2025 FDD)
According to the 2025 FDD, Beyond Juicery Eatery franchisees and principal owners are generally expected to communicate with Beyond Juicery Eatery or their counsel regarding any trademark infringements, challenges, or claims. However, the FDD stipulates certain legal rights and modifications in specific states that could affect a franchisee's ability to seek independent counsel.
For franchisees in Washington, the Area Development Agreement is amended to ensure that the Washington Franchise Investment Protection Act takes precedence if there are inconsistencies. This act provides rights concerning non-renewal and termination, and it ensures that franchisees can bring suit in Washington, potentially impacting their ability to seek counsel and legal remedies under state law.
Similarly, for franchisees in Maryland, the Franchise Agreement is amended to comply with the Maryland Franchise Registration and Disclosure Law. This amendment ensures that franchisees do not waive any rights or claims under Maryland law, which could influence their decision to seek independent legal advice. The Illinois law modifications also state that no statement can waive claims under state franchise law or disclaim reliance on franchisor statements.
For prospective Beyond Juicery Eatery franchisees, it's crucial to understand how these state-specific amendments affect their rights to seek legal counsel and pursue claims against the franchisor. Consulting with an attorney experienced in franchise law is advisable to navigate these complexities and ensure full protection of their legal rights.