Does the Bft franchise agreement allow parties to seek or recover non-individual relief?

According to Bft's 2025 Franchise Disclosure Document, the franchise agreement includes a waiver of class actions, preventing parties from seeking or recovering non-individual relief. Specifically, the parties expressly waive the right to have any claim or dispute brought, heard, administered, resolved, or arbitrated as a class, collective, coordinated, consolidated, and/or representative action. This means that neither an arbitrator nor an arbitration provider has the authority to hear, arbitrate, or administer any class, collective, coordinated, consolidated, and/or representative action, or to award relief to anyone but the individual in arbitration.

This waiver has significant implications for prospective Bft franchisees. It means that franchisees cannot participate in class action lawsuits against Bft, and any legal proceedings must be pursued on an individual basis. This could potentially increase the legal costs for a franchisee who believes they have a claim against Bft, as they would be responsible for all legal fees and expenses themselves, rather than sharing them with other franchisees in a class action.

However, the agreement does include an exception: this section does not prevent the parties from participating in a classwide, collective, and/or representative settlement of claims. This provides a limited opportunity for franchisees to participate in a collective resolution, specifically in the context of a settlement.

It is important for prospective franchisees to understand this waiver and its implications before signing the franchise agreement. They should consider the potential risks and benefits of waiving their right to participate in class actions and consult with an attorney if they have any questions or concerns.