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What are the potential costs associated with arbitration for Bonchon under the Stripe Services Agreement?

Bonchon Franchise · 2025 FDD

Answer from 2025 FDD Document

arbitrator, the costs of the attendance of the arbitration reporter at the arbitration hearing, and the costs of the arbitration facility. In any arbitration arising out of or relating to this Agreement, the arbitrator will award to the prevailing party, if any, the costs and attorneys' fees reasonably incurred by the prevailing party in connection with those aspects of its claims or defenses on which it prevails, and any opposing awards of costs and legal fees awards will be offset.

Source: Item 23 — RECEIPTS (FDD pages 92–536)

What This Means (2025 FDD)

According to Bonchon's 2025 Franchise Disclosure Document, disputes with Stripe are subject to arbitration. The costs associated with arbitration under the Stripe Services Agreement can include fees for the arbitrator, the arbitration reporter's attendance at hearings, and the arbitration facility itself. These costs can vary depending on the complexity and length of the arbitration process.

For claims not exceeding $75,000, the Expedited Procedures of the American Arbitration Association's Commercial Arbitration Rules will apply. Furthermore, for claims not exceeding $25,000, Section E-6 of these Expedited Procedures may apply, potentially offering a more streamlined and cost-effective process. However, it's important to note that these monetary thresholds exclude interest, attorneys' fees, and arbitration fees and costs, meaning the actual costs could be higher if these are factored in.

Bonchon franchisees should be aware that the prevailing party in the arbitration may be awarded costs and attorneys' fees reasonably incurred, providing a potential avenue to recover expenses. However, this also means that a franchisee could be responsible for Stripe's legal costs if they do not prevail. The agreement also emphasizes confidentiality, which could limit the franchisee's ability to discuss the arbitration publicly.

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.