Regarding a Big Apple Bagels franchise purchased in Washington, where must arbitration take place?
Big_Apple_Bagels Franchise · 2025 FDDAnswer from 2025 FDD Document
In any arbitration involving a franchise purchased in Washington, the arbitration site shall be either in Washington or in a place as mutually agreed upon at the time of the arbitration, or as determined by the arbitrator at the time of arbitration or mediation.
In addition, if litigation is not precluded by the BAGELS Franchise Agreement, a franchisee may bring an action or proceeding arising out of or in connection with the sale of franchises, or a violation of the Washington Franchise Investment Protection Act, in Washington.
Source: Item 23 — RECEIPTS (FDD pages 87–319)
What This Means (2025 FDD)
According to Big Apple Bagels' 2025 Franchise Disclosure Document, for any franchise purchased in Washington, the arbitration site must be in Washington. However, the location can be a place mutually agreed upon at the time of the arbitration, or as determined by the arbitrator at the time of arbitration or mediation.
This means that while the initial default location for arbitration is Washington, there is flexibility. Big Apple Bagels and the franchisee can come to an agreement on an alternative location. If they cannot agree, the arbitrator has the authority to decide where the arbitration will take place. This provides some level of adaptability depending on the specific circumstances of the dispute and the preferences of both parties involved.
It is also important to note that if litigation is not precluded by the Big Apple Bagels Franchise Agreement, a franchisee can bring an action or proceeding arising out of or in connection with the sale of franchises, or a violation of the Washington Franchise Investment Protection Act, in Washington.