factual

Do the parties waive the right to seek non-individual relief in proceedings related to the Bft agreement?

Bft Franchise · 2025 FDD

Answer from 2025 FDD Document

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 class wide, collective, and/or representative settlement of claims.

Source: Item 17 — RENEWAL, TERMINATION, TRANSFER AND DISPUTE RESOLUTION (FDD pages 57–66)

What This Means (2025 FDD)

According to the 2025 Bft Franchise Disclosure Document, both parties involved in the franchise agreement expressly waive the right to seek, recover, or obtain any non-individual relief. This means that any legal proceedings or disputes arising from the franchise agreement must be pursued on an individual basis, preventing either party from participating in class actions or representative claims.

However, this waiver does not prevent Bft or the franchisee from participating in a class-wide, collective, and/or representative settlement of claims. This exception allows for the possibility of resolving disputes through broader settlement agreements that involve multiple parties, even though individual lawsuits or arbitrations are restricted.

This clause is intended to ensure that disputes are handled on a case-by-case basis, potentially reducing the franchisor's exposure to large-scale litigation. Prospective franchisees should understand that they are giving up the ability to join class action lawsuits against Bft, which could be a significant consideration depending on their risk tolerance and beliefs about potential future disputes.

Disclaimer: This information is extracted from the 2025 Franchise Disclosure Document and is provided for research purposes only. It does not constitute legal or financial advice. Consult with a franchise attorney before making any investment decisions.