Does the choice of law for Advanced Mobile Iv And Amiv in Section 9.8 have any exceptions?
Advanced_Mobile_Iv_And_Amiv Franchise · 2023 FDDAnswer from 2023 FDD Document
| Provision | Section in Franchise Agreement | Summary |
|---|---|---|
| of the Federal Arbitration Act, | ||
| except as stated in State | ||
| Addenda to this Disclosure | ||
| Document. The Franchise | ||
| Agreement prohibits disputes | ||
| from being arbitrated on a class | ||
| or consolidated basis. | ||
| V. Choice of forum | Section 9.8 | Arbitration and Litigation must |
| be in Washington County, Utah, | ||
| except as stated in State | ||
| Addenda to this disclosure | ||
| document. Subject to state law. | ||
| x. Choice of law | Section 9.8 | Utah law applies except as |
| otherwise provided in the | ||
| Franchise Agreement and | ||
| subject to state laws in those | ||
| states whose laws require | ||
| exclusive application and except | ||
| to the extent governed by the | ||
| United States Trademark Act. |
Source: Item 17 — RENEWAL, TERMINATION, TRANSFER, AND DISPUTE RESOLUTION (FDD pages 44–48)
What This Means (2023 FDD)
According to Advanced Mobile Iv And Amiv's 2023 Franchise Disclosure Document, Section 9.8 regarding choice of law has several exceptions. Generally, Utah law applies to the franchise agreement. However, this is not absolute.
One exception is that the application of Utah law is subject to any state laws that require exclusive application of their own laws. This means that if a franchisee operates in a state that mandates its own laws govern franchise agreements, those state laws would take precedence over Utah law. Another exception is the extent to which the United States Trademark Act governs the franchise agreement. Federal trademark law will supersede Utah law in matters related to trademarks.
Finally, Utah law does not apply where the Franchise Agreement provides otherwise. Therefore, prospective Advanced Mobile Iv And Amiv franchisees should carefully review Section 9.8 and any related State Addenda to fully understand which laws will govern their franchise agreement and any potential disputes.