What does the Bw Premier Collection agreement state about resolving disputes between the parties?
Bw_Premier_Collection Franchise · 2025 FDDAnswer from 2025 FDD Document
- d. The Parties agree to work together in good faith to resolve any disputes as between them (e.g., payment obligations).
- l. Exclusive jurisdiction and venue for any dispute is Maricopa County, Arizona. Arizona law shall apply.
In the event of a conflict of laws, the provisions of the Washington Franchise Investment Protection Act, Chapter 19.100 RCW will prevail.
In any arbitration or mediation involving a franchise purchased in Washington, the arbitration or mediation site will be either in the state of Washington, or in a place mutually agreed upon at the time of the arbitration or mediation, or as determined by the arbitrator or mediator at the time of arbitration or mediation. In addition, if litigation is not precluded by the Distribution Agreement, a Hotel Owner 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.
However, Maryland law will apply to claims arising under the Maryland Franchise Registration and Disclosure Law. In addition, Hotel Owner may bring an action in Maryland for claims arising under the Maryland Franchise Registration and Dis
Source: Item 23 — Receipts (FDD pages 54–203)
What This Means (2025 FDD)
According to the 2025 Bw Premier Collection FDD, the parties agree to work together in good faith to resolve any disputes, such as payment obligations. However, exclusive jurisdiction and venue for any dispute is Maricopa County, Arizona, and Arizona law will apply.
For franchisees in Washington, the FDD states that in the event of a conflict of laws, the provisions of the Washington Franchise Investment Protection Act will prevail. For any arbitration or mediation involving a franchise purchased in Washington, the site will be either in the state of Washington, or in a place mutually agreed upon at the time of the arbitration or mediation, or as determined by the arbitrator or mediator at the time of arbitration or mediation. If litigation is not precluded by the Distribution Agreement, a Hotel Owner 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.
For franchisees in Maryland, Maryland law will apply to claims arising under the Maryland Franchise Registration and Disclosure Law. In addition, the Hotel Owner may bring an action in Maryland for claims arising under the Maryland Franchise Registration and Disclosure Law.
It is important for prospective franchisees to understand these stipulations regarding dispute resolution, as they dictate where and under which laws any legal disputes with Bw Premier Collection would be addressed. Franchisees should seek legal counsel to fully understand their rights and obligations in these matters.