For Annex Brands franchise agreement disputes, in which city and state is the venue and jurisdiction deemed to be?
Annex_Brands Franchise · 2025 FDDAnswer from 2025 FDD Document
THIS RETAIL CENTER FRANCHISE AGREEMENT ("Agreement") is made and entered into at San Diego, California, as of the effective date set forth above, by and between ANNEX BRANDS, INC., a California corporation located at 7580 Metropolitan Drive, Suite 200, San Diego, California 92108 ("Franchisor"), and the person(s) listed above (individually or collectively, "Franchisee"), to evidence the agreement and understandings of the parties.
This Agreement will be (a) deemed made and entered into, and (b) construed and governed under and in accordance with the laws of the State of California.
Any party may, but is not required to, submit to any court of competent jurisdiction any controversy, dispute or claim involving a request for monetary or injunctive relief concerning any Mark, involving a request for injunctive relief concerning any lease of real estate, or involving a request for temporary injunctive relief seeking enforcement of this Agreement.
Except as provided in the previous sentence, all disputes arising out of or relating to this Agreement, or rendered under this Agreement, or a default of this Agreement, that cannot be settled amicably, will be resolved by arbitration in person in San Diego, California before 1 neutral arbitrator and administered under the Commercial Arbitration Rules of the American Arbitration Association.
Any provisional or equitable remedy that would be available from a court of law will be available from the arbitrator.
Judgment on the award of the arbitrator may be enforced in any court having jurisdiction thereof.
The parties consent to the non-exclusive jurisdiction of the federal and state courts located in San Diego County, California for any action (a) to compel arbitration, (b) to enforce the award of the arbitrator or (c) at any time before the qualification and
Source: Item 22 — Contracts (FDD pages 109–110)
What This Means (2025 FDD)
According to the 2025 FDD, the Annex Brands franchise agreement specifies that it is made and entered into in San Diego, California. The agreement is construed and governed by the laws of California.
Any party has the option to submit disputes involving monetary or injunctive relief concerning any Mark, real estate leases, or temporary injunctive relief for enforcement to a court of competent jurisdiction. However, unless already settled, disputes will be resolved through arbitration in person in San Diego, California, following the Commercial Arbitration Rules of the American Arbitration Association, using one neutral arbitrator. Any remedy available from a court of law will be available from the arbitrator.
The FDD states that judgment on the arbitrator's award can be enforced in any court with jurisdiction. All parties involved consent to the non-exclusive jurisdiction of federal and state courts located in San Diego County, California, for actions related to compelling arbitration, enforcing arbitrator awards, or seeking temporary equitable remedies before the arbitrator is appointed. The parties also consent to service of process via certified mail or any other legally permitted method.