What section of the 1 800 Packouts Franchise Agreement addresses choice of law?
1_800_Packouts Franchise · 2025 FDDAnswer from 2025 FDD Document
| Provision | Section in Franchise Agreement | Summary | |
|---|---|---|---|
| employed during the past 12 months by us, our affiliates, or our franchisees. | |||
| s. | Modification of the 18B agreement | 18.B | No modifications unless written agreement signed by both parties. |
| t. | Integration/merger 19B clause | 18.A | Only the terms of the Franchise Agreement are binding (subject to state law). Any representations or promises made outside of the disclosure document and Franchise Agreement may not be enforceable. |
| u. | Dispute resolution by 20B arbitration or mediation | Not applicable | Not applicable |
| v. | v. Choice of forum 21B | 17.A | All actions must be brought in federal or state courts located in Utah County, Utah (or the most proximate thereto) or federal or state courts with jurisdiction over the county in which our principal office is located at the time any litigation commences (subject to applicable state law). |
| w. | Choice of law 22B | 17.B | Utah law governs (subject to applicable state law). |
Source: Item 17 — RENEWAL, TERMINATION, TRANSFER AND DISPUTE RESOLUTION (FDD pages 49–53)
What This Means (2025 FDD)
According to the 2025 1 800 Packouts Franchise Disclosure Document, the choice of law is addressed in Section 17.B of the Franchise Agreement. The document indicates that Utah law governs the agreement, but this is subject to applicable state law.
This means that while the Franchise Agreement is generally interpreted under Utah law, any specific state laws that conflict with Utah law may take precedence. This is a fairly standard clause in franchise agreements, as it sets a baseline legal framework while acknowledging that franchisees operate in different states with their own regulations.
For a prospective 1 800 Packouts franchisee, it's important to understand that while Utah law provides the foundation for interpreting the agreement, the laws of their specific state may also play a role, especially in areas where state law offers specific protections or regulations for franchisees. It would be prudent to consult with a legal professional to understand how both Utah law and their local state laws apply to the Franchise Agreement.