What law does the All County Franchise Agreement require the application of?
All_County Franchise · 2025 FDDAnswer from 2025 FDD Document
-
- Governing Law and Jurisdiction. This Agreement will be construed and enforced in accordance with the law of the State of Florida.
-
- Article 23.4. of the Franchise Agreement contains a covenant not to compete which extends beyond the term of the franchise. This provision may not be enforceable under California law.
-
- Article 25.13. of the Franchise Agreement requires the application of the laws of Florida. This provision may not be enforceable under California law. Illinois law governs the Agreements. The foregoing choice of law should not be considered a waiver of any right conferred upon the franchisor or the franchisee by Article 33 of the General Business Law of the State of New York.
Source: Item 22 — Contracts (FDD page 43)
What This Means (2025 FDD)
According to All County's 2025 Franchise Disclosure Document, the franchise agreement is generally construed and enforced in accordance with Florida law. However, this is subject to certain exceptions depending on the franchisee's location.
For instance, the addendum for California states that the requirement in Article 25.13 of the Franchise Agreement to apply Florida laws may not be enforceable under California law. Similarly, the addendum for Illinois states that Illinois law governs the agreements, and any provision designating jurisdiction and venue outside of Illinois is void, although arbitration may still take place outside of the state.
For franchisees in New York, the choice of law should not be considered a waiver of any right conferred upon the franchisor or the franchisee by Article 33 of the General Business Law of the State of New York. These stipulations ensure that franchisees' rights are protected under their respective state laws, regardless of the general governing law specified in the agreement.