factual

What disputes are specifically excluded from arbitration under the Body20 franchise agreement?

Body20 Franchise · 2025 FDD

Answer from 2025 FDD Document

However, subject to your arbitration obligations, nothing in this Section affects your right under the Maryland Franchise Registration and Disclosure Law to bring a lawsuit in Maryland for claims arising under that law.

Notwithstanding the foregoing, to the extent required by applicable law, Rhode Island law will apply to claims arising under the Rhode Island Franchise Investment Act.

Nonetheless, subject to your arbitration obligations, you have the right under the Rhode Island Franchise Investment Act to sue in Rhode Island for claims arising under that law.

Source: Item 23 — RECEIPT (FDD pages 74–251)

What This Means (2025 FDD)

According to the 2025 Body20 Franchise Disclosure Document, the franchise agreement contains some state-specific exceptions to mandatory arbitration. For instance, the Maryland Rider to the franchise agreement states that, while franchisees are generally subject to arbitration, this does not affect their right to bring a lawsuit in Maryland for claims arising under the Maryland Franchise Registration and Disclosure Law. Similarly, the Rhode Island Addendum specifies that franchisees in Rhode Island retain the right to sue in Rhode Island for claims arising under the Rhode Island Franchise Investment Act, despite the general arbitration obligations.

These stipulations mean that if a Body20 franchisee in Maryland or Rhode Island has a dispute covered by their respective state's franchise laws, they have the option to pursue that dispute in court rather than being forced into arbitration. This could be advantageous for franchisees who believe they would receive a fairer hearing in a court of law or who prefer the more formal discovery and evidentiary procedures available in litigation. It is important to note that these exceptions are specific to claims arising under the franchise laws of those particular states.

For a prospective Body20 franchisee, this information highlights the importance of understanding the specific legal addenda that apply to their state. Franchise laws vary considerably from state to state, and these variations can significantly impact a franchisee's rights and remedies in the event of a dispute. It also demonstrates that Body20, as a franchisor, is willing to accommodate certain state-specific legal requirements to ensure compliance with franchise regulations.

It is also important to note that these exceptions are limited to specific state laws. All other disputes, including those arising from the franchise agreement itself or other areas of law, would likely still be subject to the arbitration clause. Therefore, franchisees should carefully consider the implications of the arbitration clause and the limited exceptions before signing the franchise agreement.

Disclaimer: This information is extracted from the 2025 Franchise Disclosure Document and is provided for research purposes only. It does not constitute legal or financial advice. Consult with a franchise attorney before making any investment decisions.