For a Big Apple Bagels franchise in Washington, what is the condition for the arbitration site to be determined by mediation?

According to Big Apple Bagels' 2025 Franchise Disclosure Document, for any arbitration involving a franchise purchased in Washington, the arbitration site can be determined in one of three ways. First, the site can be in Washington. Second, the site can be in a place mutually agreed upon at the time of the arbitration. Third, the site can be determined by the arbitrator at the time of arbitration or mediation.

This means that if a Big Apple Bagels franchisee in Washington has a dispute that goes to arbitration, the location of the arbitration can be in Washington state, a location agreed upon by both parties, or a location determined by the arbitrator during the arbitration or mediation process. This provides some flexibility in determining the arbitration site.

It is important to note that the Washington Franchise Investment Protection Act may supersede the Big Apple Bagels Franchise Agreement in certain areas, including termination and renewal of the franchise. Additionally, a franchisee may bring an action or proceeding in Washington if litigation is not precluded by the Franchise Agreement, particularly if it involves the sale of franchises or a violation of the Washington Franchise Investment Protection Act.