Where will arbitration proceedings for Bft be conducted?
Bft Franchise · 2025 FDDAnswer from 2025 FDD Document
All proceedings will be conducted at a suitable location chosen by the arbitrator that is within 50 miles of Franchisor's (or its successor's or assign's, as applicable) then-current principal place of business (currently, Irvine, California), or via a videoconferencing platform, if both Parties agree. All matters relating to arbitration will be governed by the Federal Arbitration Act (9 U.S.C. §§ 1 et seq.). The interim and final awards of the arbitrator shall be final and binding upon each Party, and judgment upon the arbitrator's awards may be entered in any court of competent jurisdiction.
The arbitrator has the right to award or include in his or her awards any relief which he or she deems proper, including money damages, pre- and post-award interest, interim costs and attorneys' fees, specific performance, and injunctive relief, provided that the arbitrator may not declare any of the trademarks owned by Franchisor, or its parents, affiliates, and subsidiaries, generic or otherwise invalid, or award any punitive or exemplary damages against any Party to the arbitration proceeding (Franchisor and Franchisee hereby waiving to the fullest extent permitted by law any such right to or claim for any punitive or exemplary damages against any Party to the arbitration proceeding). Except as otherwise stated in this Agreement, the arbitrator shall have no authority to issue any relief on any basis other than an individual basis.
The Parties agree that each Party will pay its share of fees and costs in accordance with applicable JAMS rules. If a Party fails to timely pay such fees or costs, the other Party may, in its discretion, advance such costs on behalf of the nonpaying Party. To the extent permitted by applicable law, at the conclusion of the arbitration, the arbitrator shall award to the prevailing Party its fees and costs, including all reasonable experts', attorneys' and other professionals' fees incurred in the proceedings.
Source: Item 23 — RECEIPTS (FDD pages 79–265)
What This Means (2025 FDD)
According to Bft's 2025 Franchise Disclosure Document, arbitration proceedings will occur at a location selected by the arbitrator within 50 miles of Bft's principal business address. Currently, Bft's principal place of business is in Irvine, California. Alternatively, if both parties agree, the proceedings can be conducted via a videoconferencing platform.
This means that a Bft franchisee may be required to travel to the Irvine, California, area for arbitration, or participate remotely via videoconference. The location is determined by the arbitrator, but must be within the specified radius of Bft's headquarters unless both parties consent to a virtual format. This could involve expenses for travel, accommodation, and local representation depending on where the franchisee is located.
The proceedings are governed by the Federal Arbitration Act. The arbitrator's decisions are final and binding, and can be enforced in any court with jurisdiction. The arbitrator can award various forms of relief, including monetary damages, interest, costs, attorneys' fees, specific performance, and injunctive relief. However, the arbitrator cannot invalidate Bft's trademarks or award punitive damages against either party, as both Bft and the franchisee waive any right to claim punitive damages to the fullest extent permitted by law.
Each party is responsible for their share of arbitration fees and costs, following JAMS (Judicial Arbitration and Mediation Services) rules. If one party fails to pay, the other party can advance the costs. The arbitrator can award fees and costs, including expert and attorney fees, to the prevailing party at the conclusion of the arbitration, to the extent permitted by law.