Is it permissible to conduct Bft arbitration via a videoconferencing platform?
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.
Source: Item 17 — RENEWAL, TERMINATION, TRANSFER AND DISPUTE RESOLUTION (FDD pages 57–66)
What This Means (2025 FDD)
According to Bft's 2025 Franchise Disclosure Document, arbitration proceedings can be conducted via a videoconferencing platform if both parties agree. Otherwise, the proceedings will occur at a location chosen by the arbitrator within 50 miles of Bft's principal place of business, which is currently Irvine, California.
This agreement on location or videoconferencing applies to any controversies, disputes, or claims between Bft and the developer arising out of the agreement, relationships, or system standards. The arbitrator's awards are final and binding, and can be enforced in any court with jurisdiction. The arbitration process is governed by the Federal Arbitration Act.
This clause provides flexibility, allowing for remote arbitration which can save on travel costs and time. However, it requires mutual agreement, meaning a franchisee cannot unilaterally decide to conduct the arbitration via videoconference. If an agreement cannot be reached, the franchisee may need to travel to the location selected by the arbitrator near Bft's headquarters.