Under the Anago Guaranty, what state's laws govern the Guaranty?
Anago Franchise · 2025 FDDAnswer from 2025 FDD Document
This Guaranty, and any claims related thereto, shall be governed by and construed in accordance with the laws of the State of Florida.
You hereby irrevocably submit to the jurisdiction of the state or federal court which is closest to FRANCHISOR's then current principal place of business (currently Pompano Beach, Florida) in any action or proceeding arising out of or relating, directly or indirectly, to the Guaranty.
You hereby irrevocably waive, to the fullest extent you may effectively do so, the defense of an inconvenient forum to the maintenance of such action or proceeding and any right to jurisdiction on account of your place of residence or domicile.
You agree that a final judgment in any such action or proceeding shall be conclusive and may be enforced in other jurisdictions by suit on the judgment or in any other manner provided by law.
You further acknowledge and accept as your own the obligation to submit all disputes arising under the Anago Agreements to arbitration in accordance with Section 13.1 of the Franchise Agreement, which provisions are adopted herein as though copied in their entirety.
Source: Item 23 — RECEIPTS (FDD pages 62–298)
What This Means (2025 FDD)
According to Anago's 2025 Franchise Disclosure Document, the laws governing the Guaranty, and any claims related to it, are those of the State of Florida. This means that any legal disputes arising from the Guaranty will be interpreted and resolved according to Florida law.
Furthermore, the document specifies that individuals submitting to the Guaranty also irrevocably submit to the jurisdiction of the state or federal court closest to Anago's principal place of business, which is currently located in Pompano Beach, Florida. This clause ensures that any legal proceedings will take place in a Florida court, unless otherwise agreed upon.
Additionally, those under the Guaranty waive any objection to the chosen forum, giving up the right to argue that Florida is an inconvenient location for the proceedings. They also agree to resolve disputes through arbitration, following the guidelines outlined in the Franchise Agreement. This combination of choice of law, jurisdiction, and arbitration clauses aims to provide clarity and predictability in the resolution of any disputes related to the Guaranty.