What state's law generally governs the All County Franchise Agreement?
All_County Franchise · 2025 FDDAnswer from 2025 FDD Document
| SECTION IN | ||
|---|---|---|
| FRANCHISE | ||
| PROVISION | AGREEMENT | SUMMARY |
| t. Integration/merger clause | 25.18 | Only the terms of the Franchise Agreement are |
| binding (subject to applicable state law). Any | ||
| representations or promises made outside the | ||
| Disclosure Document and Franchise | ||
| Agreement may not be enforceable. | ||
| u. Dispute resolution by arbitration or mediation | 25.12 | All disputes resolved by mediation or arbitration except for actions for declaratory or equitable relief, actions in ejectment or for possession of any interest in real or personal property, or actions which by applicable law can’t be arbitrated. This provision is subject to applicable state law. |
| v. Choice of forum | 25.14 | Applicable law is that of the State of Florida, |
| unless superseded by state law. State specific | ||
| appendices are attached to the Franchise | ||
| Agreement, and state specific addendums to | ||
| the Disclosure Document are attached as | ||
| Exhibit “D”. This provision is subject to | ||
| APPLICABLE state law. | ||
| w. Choice of law | 25.13 | Florida, except for arbitration which is |
| covered by the Federal Arbitration Act. State | ||
| specific appendices are attached to the | ||
| Franchise Agreement and state specific | ||
| addendums to the Disclosure Document are | ||
| attached as Exhibit “D”. This provision is | ||
| subject to APPLICABLE state law. |
Source: Item 19 — Financial Performance Representations (FDD pages 34–38)
What This Means (2025 FDD)
According to All County's 2025 Franchise Disclosure Document, the Franchise Agreement is generally governed by Florida law. Specifically, Section 25.13 states that Florida law applies, except for arbitration matters, which are covered by the Federal Arbitration Act. However, this is subject to applicable state law, meaning that in certain situations, the law of the state where the franchise is located may supersede Florida law.
This means that while Florida law is the starting point for interpreting the Franchise Agreement, franchisees need to be aware that specific state laws could take precedence. All County includes state-specific appendices to the Franchise Agreement and state-specific addendums to the Disclosure Document as Exhibit “D”.
It is important for prospective franchisees to carefully review these state-specific appendices and addendums to understand how the general terms of the Franchise Agreement might be modified or superseded by local laws. Franchisees should consult with a legal professional to fully understand their rights and obligations under both Florida law and the laws of their specific state.