What is the choice of forum for litigation involving Apricot Lane?
Apricot_Lane Franchise · 2025 FDDAnswer from 2025 FDD Document
| PROVISION | SECTION IN FRANCHISE AGREEMENT | SUMMARY |
|---|---|---|
| v. Choice of forum | Section 22.C in Franchise Agreement | Subject to arbitration requirement, litigation must be in California. (Subject to state law) Federal, state, and local courts located in the county or judicial district in which COUNTRY VISIONS maintains its principal offices at the time of litigation (currently, Fairfield, California) |
Source: Item 17 — RENEWAL, TERMINATION, TRANSFER AND DISPUTE RESOLUTION (FDD pages 35–39)
What This Means (2025 FDD)
According to Apricot Lane's 2025 Franchise Disclosure Document, the choice of forum for litigation is specified. Subject to any arbitration requirements, any litigation must occur in California. Specifically, lawsuits must be filed in the federal, state, and local courts located in the county or judicial district where Country Visions, Apricot Lane's parent company, maintains its principal offices at the time of the litigation. Currently, Country Visions' principal offices are located in Fairfield, California. This is subject to state law.
This means that if a franchisee has a dispute with Apricot Lane that results in a lawsuit (after any required arbitration), the franchisee will likely need to pursue that lawsuit in California, regardless of where the franchise is located. This could involve significant travel and legal expenses for a franchisee located outside of California.
Choice of forum clauses are common in franchise agreements, as they allow the franchisor to manage legal disputes in a location convenient for them. Prospective franchisees should consider the implications of this clause, including the potential costs and inconvenience of litigating in California, when evaluating the Apricot Lane franchise opportunity.