Are there any exceptions to the governing law specified in the Anago franchise agreement?
Anago Franchise · 2025 FDDAnswer from 2025 FDD Document
Except to the extent governed by the United States Trademark Act of 1946 (Lanham Act, 15 U.S.C. §§ 1051 et seq. or the United States Arbitration Act, 9 U.S.C. §§ 1 et seq.), this Agreement and any other agreement between the parties and all transactions contemplated by this Agreement and any other agreement between the parties are governed by the laws of the state of State without regard to principles of conflicts of laws.
Source: Item 23 — RECEIPTS (FDD pages 62–298)
What This Means (2025 FDD)
According to Anago's 2025 Franchise Disclosure Document, the franchise agreement is generally governed by the laws of the state, but there are exceptions. Specifically, the agreement notes that the United States Trademark Act of 1946 (Lanham Act) and the United States Arbitration Act take precedence where applicable. This means that federal law regarding trademarks and arbitration will supersede state law in relevant disputes.
This is a fairly standard clause in franchise agreements, as federal laws often govern specific aspects of franchising, such as trademark protection and interstate commerce. The inclusion of these exceptions ensures that Anago's franchise agreement complies with all applicable federal laws and regulations.
For a prospective Anago franchisee, this means understanding that while state law generally applies, certain issues will be decided based on federal law. It would be prudent to consult with an attorney to fully understand the implications of these exceptions and how they might affect the franchisee's rights and obligations under the agreement.