In what forum must litigation related to an Excepted Dispute be filed for Amerispec Inspection Services?

According to the 2025 Amerispec Inspection Services FDD, any litigation regarding an Excepted Dispute must be filed in either the state court or the United States District Court. The specific court will be the one located in the district where Amerispec Inspection Services has its primary business location at the time the lawsuit is filed. Franchisees also waive any objections to personal jurisdiction and venue, agreeing to be subject to the jurisdiction of those courts.

However, there is an exception to this rule. Amerispec Inspection Services retains the right to enforce the franchise agreement in the courts of the state where the franchisee is domiciled or where the franchised business operates. This means that while a franchisee might typically have to travel to the location of Amerispec Inspection Services' principal place of business for litigation, Amerispec Inspection Services can choose to bring the case to the franchisee's home state.

An "Excepted Dispute" refers to specific types of disagreements that are not subject to the standard alternative dispute resolution procedures like negotiation, mediation, and arbitration. These include disputes about the franchisee's use of Amerispec Inspection Services' trademarks, intellectual property rights, confidential information, enforcement of non-compete agreements, and the payment of money owed to Amerispec Inspection Services. This clause ensures that Amerispec Inspection Services can protect its brand and business interests through direct litigation in certain critical situations.