Can a claim against Buns On Fire be consolidated with claims of another party?
Buns_On_Fire Franchise · 2025 FDDAnswer from 2025 FDD Document
"The prevailing party will be entitled to recover from the losing party reasonable attorneys' fees, experts' fees, court costs and all other expenses of litigation, if the prevailing party prevails in any
action instituted against the losing party to secure or protect its rights under this Agreement, or to enforce the terms of this Agreement, or in any action commenced or joined in by the losing party against the prevailing party."
Source: Item 23 — RECEIPTS (FDD pages 49–200)
What This Means (2025 FDD)
Based on the 2025 Buns On Fire Franchise Disclosure Document, there is no explicit mention of whether a franchisee can consolidate a claim against Buns On Fire with claims of another party. However, the document does include information regarding dispute resolution, indemnification, and potential waivers of claims, which could be relevant in determining the possibility of consolidating claims.
Specifically, the FDD states that the prevailing party in any action to secure or protect its rights under the agreement is entitled to recover reasonable attorney's fees, experts' fees, court costs, and all other expenses of litigation. This suggests that franchisees have the right to institute actions against Buns On Fire to protect their rights. Additionally, the FDD includes addenda for Rhode Island, Virginia, and Washington, which address franchisee rights and waivers of claims under state franchise laws. These addenda indicate that certain provisions in the franchise agreement may not be enforceable if they violate state laws or unduly influence franchisees to surrender their rights.
While the FDD does not directly address claim consolidation, the provisions regarding dispute resolution, indemnification, and state-specific addenda suggest that a franchisee's ability to consolidate claims may depend on the specific circumstances, the terms of the franchise agreement, and applicable state laws. A prospective franchisee should consult with an attorney to fully understand their rights and options regarding claim consolidation.