Where must any litigation related to an Excepted Dispute be filed for Amerispec Inspection Services?
Amerispec_Inspection_Services Franchise · 2025 FDDAnswer from 2025 FDD Document
Any litigation related to an Excepted Dispute will be filed exclusively in the state court or United States District Court for the district in which the Company has its principal place of business at the time of filing.
The parties waive all questions of personal jurisdiction and venue for the purpose of carrying out this provision.
Notwithstanding the foregoing, the Company may enforce this Agreement in the courts of the state or states in which Franchisee is domiciled or the Franchised Business is operated.
Source: Item 23 — Receipts (FDD pages 47–172)
What This Means (2025 FDD)
According to Amerispec Inspection Services's 2025 Franchise Disclosure Document, any litigation regarding an Excepted Dispute must be filed in either the state court or the United States District Court within the district where Amerispec Inspection Services has its principal place of business at the time the litigation is filed.
This means that if a franchisee has a legal dispute with Amerispec Inspection Services that falls under the definition of an "Excepted Dispute," the franchisee will likely need to travel to the location of Amerispec Inspection Services's principal place of business to pursue the litigation. The franchisee waives any objections to personal jurisdiction and venue, agreeing to the jurisdiction where Amerispec Inspection Services is headquartered.
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 allows Amerispec Inspection Services to pursue legal action against a franchisee in the franchisee's home state, regardless of where Amerispec Inspection Services's principal place of business is located. This could be beneficial to Amerispec Inspection Services as it may be more convenient and cost-effective for them to litigate in the franchisee's local courts.
It is important for prospective franchisees to understand these forum selection provisions, as they can significantly impact the cost and convenience of resolving legal disputes with Amerispec Inspection Services.