Does the Aplus Franchise Agreement restrict the ability to confirm or enforce judgments in any appropriate jurisdiction?

According to the 2024 Aplus Franchise Disclosure Document, the Franchise Agreement does not restrict the ability of either party to confirm or enforce judgments in any appropriate jurisdiction. The agreement specifies that any action brought by either party must be initiated in the appropriate state or federal court located in or serving the judicial district where Aplus maintains its principal business address, which is currently Dallas County, Texas. Franchisees waive any objections to personal jurisdiction or venue for the purpose of these provisions. However, claims for injunctive relief may be brought by Aplus where the franchisee is located.

This means that while initial legal actions must occur in Dallas County, Texas (or the relevant federal district), the resulting judgments can be enforced in any jurisdiction where the franchisee has assets or conducts business. This is a standard clause that allows a franchisor to pursue legal action in its home jurisdiction while still retaining the ability to collect on any judgment obtained, regardless of the franchisee's location.

For a prospective Aplus franchisee, this clause offers some protection. While they may have to initially defend themselves in Texas, Aplus cannot use the agreement to prevent the franchisee from enforcing a judgment they win against Aplus in the franchisee's local jurisdiction. This ensures that franchisees are not unduly disadvantaged when seeking to enforce their legal rights.