Does the Anago Assignment agreement specify that the parties are bound by the dispute resolution provisions in the Franchise Agreement?
Anago Franchise · 2025 FDDAnswer from 2025 FDD Document
ASSIGNOR and ASSIGNEE acknowledge and agree that they are bound by the dispute resolution provisions in the Subfranchise Agreement.
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, the Assignment agreement explicitly states that the assignor and assignee acknowledge and agree to be bound by the dispute resolution provisions outlined in the Subfranchise Agreement. This means that any disputes arising from the assignment will be subject to the same resolution processes detailed in the original franchise agreement.
This clause ensures consistency in how disputes are handled, providing clarity and predictability for all parties involved in the assignment. It also maintains Anago's control over the dispute resolution process, as it dictates that the procedures established in the original agreement will continue to apply.
Furthermore, the assignor and assignee agree to have a substantial relationship with Anago at its Pompano Beach, Florida offices. With the exception of Anago's right to seek injunctive relief, any action relating to the assignment 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. The assignor and assignee also irrevocably submit to the jurisdiction of that court and waive any objections to jurisdiction or venue, including claims of inconvenient forum. This concentrates legal proceedings geographically, potentially increasing costs for franchisees located far from Florida while benefiting Anago through local legal familiarity.