Where will arbitration or mediation take place for a Bw Premier Collection franchise purchased in Washington?
Bw_Premier_Collection Franchise · 2025 FDDAnswer from 2025 FDD Document
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.
Source: Item 23 — Receipts (FDD pages 54–203)
What This Means (2025 FDD)
According to Bw Premier Collection's 2025 Franchise Disclosure Document, for any franchise purchased in Washington, the arbitration or mediation site will be in one of three locations. The first option is within the state of Washington. The second option is a location mutually agreed upon by both parties, Bw Premier Collection and the franchisee, at the time of the arbitration or mediation. The final option is a location determined by the arbitrator or mediator during the arbitration or mediation proceedings.
This clause ensures that Bw Premier Collection franchisees in Washington are not forced to travel to a distant or inconvenient location for dispute resolution. By allowing the arbitration or mediation to take place in Washington, or a mutually agreed upon location, it reduces the financial burden and logistical challenges for the franchisee. This is particularly important for smaller franchisees who may not have the resources to litigate or arbitrate disputes in other states.
Furthermore, the clause acknowledges the importance of the Washington Franchise Investment Protection Act and its potential impact on the franchise agreement. It also allows a Hotel Owner to 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 if litigation is not precluded by the Distribution Agreement. This provision provides additional protection for franchisees in Washington and ensures that they have access to local courts if necessary.
It is important for prospective Bw Premier Collection franchisees in Washington to understand these provisions and how they may affect their rights and obligations under the franchise agreement. Consulting with an attorney experienced in franchise law is recommended to fully understand the implications of these clauses.