Where might Bft set forth flat fee amounts for modifications to the Franchise Agreement?
Bft Franchise · 2025 FDDAnswer from 2025 FDD Document
Furthermore, the right to recover post-arbitration award and post judgment expenses, costs and attorneys' fees shall be severable and shall survive any award or judgment and shall not be deemed merged into such judgment.
- C.
Apart from the obligations in Sections 16.11.A and 16.11.B, Franchisee agrees and acknowledges that it will be responsible for the legal fees and other costs that Franchisor incurs in connection with certain modifications that Franchisor agrees to make to the Franchise Agreement, including without limitation, modifications made to address the following situations: (i) relocation; or (ii) any other amendment to extend a given performance deadline of Franchisee, modify the Designated Territory awarded hereunder, or otherwise modify, amend or supplement this Agreement in any way at the request of Franchisee or as necessary for Franchisee to avoid this Agreement being in default or subject to termination.
Franchisor may set forth flat fee amounts designed to help defray the costs associated with addressing certain of the foregoing situations in the context of this Agreement or any other agreement with Franchisor, whether in the Learning Management System or otherwise in a writing distributed to System franchisees.
Source: Item 23 — RECEIPTS (FDD pages 79–265)
What This Means (2025 FDD)
According to Bft's 2025 Franchise Disclosure Document, Bft may set forth flat fee amounts to help cover costs when addressing specific situations related to the Franchise Agreement or any other agreement with Bft. These flat fee amounts could be found within the Franchise Agreement itself, in the Learning Management System, or in other written communications distributed to Bft franchisees.
This means that if a franchisee requests a modification to their Franchise Agreement, such as a relocation or an extension of a deadline, Bft may charge a flat fee to help offset the legal and administrative costs associated with processing the change. The exact amount of these fees, if any, will be specified in one of the aforementioned locations.
Prospective Bft franchisees should carefully review the Franchise Agreement, Learning Management System, and any other documents provided by Bft to understand the potential costs associated with modifying the agreement. It is important to note that these fees are separate from any legal fees Bft may incur, for which the franchisee may also be responsible under certain circumstances.