Where must any action arising out of the Anago Subfranchise Agreement assignment be commenced and litigated, according to the agreement?
Anago Franchise · 2025 FDDAnswer from 2025 FDD Document
ASSIGNOR and ASSIGNEE further agree that they have and will continue to have a substantial relationship with FRANCHISOR at its offices in Pompano Beach, Florida and that, with the exception of FRANCHISOR's right to seek injunctive relief in any appropriate jurisdiction as set forth below, any action by or against them arising out of or relating to this Assignment will be commenced, litigated, and concluded only in the state or federal court which is closest to FRANCHISOR's then current principal place of business (currently Pompano Beach, Florida).
ASSIGNOR and ASSIGNEE irrevocably submit to the jurisdiction of such court and waive any objection they may have to either the jurisdiction or venue of such court.
ASSIGNOR and ASSIGNEE further waive any objection that such court is an inconvenient forum.
FRANCHISOR shall have the option, at its sole discretion, of bringing any action seeking equitable relief to enforce the terms of this Assignment in any court of competent jurisdiction in order to prevent real or threatened harm, and ASSIGNOR and ASSIGNEE consent to the entry of injunctive relief, including, without limitation, temporary restraining orders and/or preliminary and permanent injunctions without the requirement of bond, according to the usual equity rules in the jurisdiction in which such relief is sought.
Source: Item 23 — RECEIPTS (FDD pages 62–298)
What This Means (2025 FDD)
According to Anago's 2025 Franchise Disclosure Document, any legal action initiated by or against the assignor or assignee related to the assignment of the Subfranchise Agreement must be commenced, litigated, and concluded in the state or federal court closest to Anago's principal place of business, which is currently Pompano Beach, Florida. This requirement applies with the exception of Anago's right to seek injunctive relief in any appropriate jurisdiction.
Both the assignor and assignee irrevocably submit to the jurisdiction of that court and waive any objections to the jurisdiction or venue, including claims of inconvenient forum. This means that subfranchisees and those to whom they assign their agreements are agreeing to resolve disputes in a specific location, potentially incurring travel and legal costs associated with litigating in Florida, regardless of where their own business is located.
Anago, however, retains the right to seek injunctive relief in any court of competent jurisdiction to prevent real or threatened harm, and the assignor and assignee consent to the entry of injunctive relief. This allows Anago to pursue immediate legal action in any location where harm is occurring, providing them with flexibility in protecting their interests. This clause highlights the importance of understanding the legal obligations and potential costs associated with dispute resolution under the Anago Subfranchise Agreement.