In Washington, where will arbitration or mediation take place involving a Bw Premier Collection franchise?
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 this Agreement, 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 the 2025 Bw Premier Collection FDD, if a franchise is purchased in Washington, any arbitration or mediation will occur either in Washington state, at a location mutually agreed upon by both parties at the time of the arbitration or mediation, or as determined by the arbitrator or mediator during the arbitration or mediation proceedings.
This means that prospective Bw Premier Collection franchisees in Washington have some protection regarding the location of arbitration or mediation, ensuring it will be relatively local unless they agree otherwise. This can significantly reduce travel costs and logistical burdens associated with dispute resolution. It also provides an advantage to the franchisee, as the arbitrator or mediator could decide to keep the proceedings in Washington.
It is important to note that this clause applies specifically to franchises purchased in Washington. Additionally, if litigation is not precluded by the Distribution Agreement, the Hotel Owner can bring legal action related to the sale of franchises or violations of the Washington Franchise Investment Protection Act in Washington.