What is a required action if a party initiates arbitration or files a counterclaim related to a Bft franchise?
Bft Franchise · 2025 FDDAnswer from 2025 FDD Document
If any Party initiates arbitration or files any counterclaim, it must submit a personally-signed verification therewith. The arbitration proceedings will be conducted by one mutually acceptable arbitrator and, except as this Section otherwise provides, according to JAMS' thencurrent Comprehensive Arbitration Rules & Procedures (see www.jamsadr.com/rules-comprehensivearbitration/) or, if applicable, then-current Mass Arbitration Procedures & Guidelines (see https://www.jamsadr.com/mass-arbitration-procedures). If the Parties are unable to agree on an arbitrator, an arbitrator having at least five (5) years' experience in the areas involved will be appointed by JAMS.
Source: Item 23 — RECEIPTS (FDD pages 79–265)
What This Means (2025 FDD)
According to Bft's 2025 Franchise Disclosure Document, if either the franchisee or Bft initiates arbitration or files a counterclaim, they must submit a personally-signed verification along with it. This requirement applies to any controversies, disputes, or claims between Bft and the franchisee arising out of or related to the franchise agreement, other agreements, the relationships between the parties, the scope or validity of the agreement, or any System Standard.
This verification serves to confirm the truthfulness and accuracy of the claims being made in the arbitration or counterclaim. It adds a layer of accountability, ensuring that the party initiating the action has personally reviewed and stands behind the allegations. This is a fairly standard practice in legal proceedings, including arbitration, to prevent frivolous or unsubstantiated claims.
The arbitration proceedings will be conducted by one mutually acceptable arbitrator, following JAMS' then-current Comprehensive Arbitration Rules & Procedures or, if applicable, then-current Mass Arbitration Procedures & Guidelines. If the parties cannot agree on an arbitrator, JAMS will appoint one with at least five years of experience in the relevant areas. This process ensures that disputes are resolved by a qualified and impartial arbitrator, providing a fair and efficient means of resolving conflicts related to the Bft franchise.