conditional

Are there any exceptions to the choice of forum for 1 800 Packouts franchise disputes?

1_800_Packouts Franchise · 2025 FDD

Answer 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).

Source: Item 17 — RENEWAL, TERMINATION, TRANSFER AND DISPUTE RESOLUTION (FDD pages 49–53)

What This Means (2025 FDD)

According to the 2025 FDD, 1 800 Packouts specifies that all legal actions must be initiated in either the federal or state courts located in Utah County, Utah, or the federal or state courts that have jurisdiction over the county where 1 800 Packouts's principal office is located when the litigation begins. This is subject to applicable state law, which suggests there may be exceptions depending on the franchisee's location and relevant state regulations.

This means that a 1 800 Packouts franchisee may be required to travel to Utah for any legal disputes with the franchisor, which could increase expenses related to litigation. The franchisee should be aware of this requirement and consider the potential costs of out-of-state legal proceedings.

It is important for a prospective franchisee to consult with a legal professional to understand the implications of the forum selection clause, particularly how it interacts with the laws of their own state. This will help them assess the potential risks and benefits before entering into a franchise agreement with 1 800 Packouts.

Disclaimer: This information is extracted from the 2025 Franchise Disclosure Document and is provided for research purposes only. It does not constitute legal or financial advice. Consult with a franchise attorney before making any investment decisions.