Under the Anago Unit Franchise Agreement, what jurisdiction does the guarantor irrevocably submit to for actions related to the Guaranty?
Anago Franchise · 2025 FDDAnswer from 2025 FDD Document
You hereby irrevocably submit to the jurisdiction of the (enter applicable court in Your State) (or its successor) in and for Xxxx County, State, and any appellate court thereof 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.
Source: Item 23 — RECEIPTS (FDD pages 62–298)
What This Means (2025 FDD)
According to Anago's 2025 Franchise Disclosure Document, the guarantor irrevocably submits to the jurisdiction of a specific court for actions related to the Guaranty. The exact court depends on the location of the Anago Unit Franchise. If the franchise is within 'Your State,' the guarantor submits to the jurisdiction of the court entered as '(enter applicable court in Your State)' in and for 'Xxxx County, State,' along with any appellate court.
Alternatively, if the franchise is not within 'Your State,' the guarantor submits to the jurisdiction of the state or federal court closest to Anago's principal place of business, which is currently Pompano Beach, Florida. This means that any legal proceedings related to the Guaranty could take place in either the franchisee's state or in Florida, depending on the specific agreement and location of the franchise.
The guarantor also waives the defense of inconvenient forum and any right to jurisdiction based on their place of residence or domicile. This ensures that Anago can pursue legal action in the specified jurisdiction without the guarantor contesting the location. The FDD also states that a final judgment in any such action will be conclusive and may be enforced in other jurisdictions.