Does the Bhc arbitration provision remain in effect after the agreement expires or terminates?
Bhc Franchise · 2025 FDDAnswer from 2025 FDD Document
- (f) This arbitration provision is deemed to be self-executing and will remain in full force and effect after expiration or termination of this Agreement.
- (g) The provisions of this section 14.2 are intended to benefit and bind certain third-party non- signatories and will continue in full force and effect after (and notwithstanding) the expiration or termination of this Agreement.
Source: Item 23 — Receipts (FDD pages 52–230)
What This Means (2025 FDD)
According to Bhc's 2025 Franchise Disclosure Document, the arbitration provision is designed to remain in effect even after the franchise agreement expires or is terminated. This means that any disputes arising even after the agreement ends will still be subject to arbitration, as outlined in the agreement.
This continuation of the arbitration provision is intended to provide a consistent method for resolving disputes, regardless of whether the franchise agreement is currently active. It ensures that both Bhc and the franchisee are bound to resolve their issues through arbitration, avoiding potential court litigation even after the business relationship has formally ended. This can be beneficial by providing a quicker and potentially less expensive resolution process compared to traditional court proceedings.
Furthermore, the FDD states that the provisions within section 14.2, which likely includes the arbitration clause, are intended to benefit and bind certain third-party non-signatories, and this benefit also extends beyond the expiration or termination of the agreement. This indicates that the obligations and protections provided by the arbitration agreement are broad and meant to ensure long-term resolution mechanisms are in place for all involved parties, even after the agreement's formal end.