Can a franchisee consolidate a proceeding against Bft with another proceeding between Bft and a third party?
Bft Franchise · 2025 FDDAnswer from 2025 FDD Document
- 16.9 WAIVER OF CLASS ACTIONS. THE PARTIES AGREE THAT ALL PROCEEDINGS ARISING OUT OF OR RELATED TO THIS AGREEMENT, OR THE OPERATIONS OF THE STUDIO, WILL BE CONDUCTED ON AN INDIVIDUAL, NOT A CLASS-WIDE BASIS, AND THAT ANY PROCEEDING BETWEEN FRANCHISEE, FRANCHISEE'S GUARANTORS AND FRANCHISOR OR THEIR RESPECTIVE AFFILIATES, OFFICERS, OWNERS, OR EMPLOYEES MAY NOT BE CONSOLIDATED WITH ANY OTHER PROCEEDING BETWEEN FRANCHISOR AND ANY OTHER THIRD-PARTY.
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, and neither an arbitrator nor an arbitration provider shall have any 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.
The Parties also expressly waive the right to seek, recover, or obtain any non-individual relief.
Notwithstanding anything else in this Agreement, this Section does not prevent the Parties from participating in a classwide, collective, and/or representative settlement of claims.
Source: Item 23 — RECEIPTS (FDD pages 79–265)
What This Means (2025 FDD)
According to Bft's 2025 Franchise Disclosure Document, franchisees are prohibited from consolidating any proceeding against Bft with another proceeding between Bft and any other third party. The agreement specifies that all proceedings related to the franchise agreement or studio operations will be conducted on an individual basis, not as part of a class-wide action.
This means a Bft franchisee cannot join their legal case with other franchisees or third parties against Bft. Each franchisee must pursue their claims independently. This waiver extends to any claim or dispute arising from the franchise agreement, the performance of either party, or the franchisee's purchase of the franchise.
This clause also prevents an arbitrator or arbitration provider from hearing or administering any class, collective, coordinated, consolidated, or representative action. The franchisee is also waiving the right to seek or recover any non-individual relief. However, the agreement does allow for participation in a class-wide, collective, and/or representative settlement of claims, providing a limited exception to the consolidation prohibition.