To what extent does an Apricot Lane franchisee waive the defense of inconvenient forum?
Apricot_Lane Franchise · 2025 FDDAnswer from 2025 FDD Document
[Item 23: RECEIPTS]
C. Consent to Jurisdiction
Subject to FRANCHISOR's and FRANCHISEE's arbitration obligations in Section 22.A above, FRANCHISEE irrevocably submits to the jurisdiction of the courts of the State of California in any suit, action or proceeding, arising out of or relating to this Agreement or any other dispute between FRANCHISEE and FRANCHISOR, and FRANCHISEE irrevocably agrees that all claims in respect of any such suit, action or proceeding must be brought and/or defended therein except with respect to matters that are under the jurisdiction of the Federal Courts of the United States, which shall be brought and/or defended in the Federal District Court sitting in Sacramento, California. FRANCHISEE irrevocably waives, to the fullest extent it may lawfully do so, the defense of an inconvenient forum to the maintenance of such suit, action or proceeding and agrees that service of process for purposes of any such suit, action or proceeding need not be personally served within the State of California, but may be served with the same effect as if FRANCHISEE were served within the State of California, by certified mail or any other means permitted by law addressed to FRANCHISEE at the address set forth herein. Nothing contained herein shall affect FRANCHISOR'S rights to bring a suit, action or proceeding in any other appropriate jurisdiction, including any suit, action or proceeding brought by FRANCHISOR to enforce any judgment against FRANCHISEE entered by a State or Federal Court.
Source: Item 23 — RECEIPTS (FDD pages 51–222)
What This Means (2025 FDD)
According to Apricot Lane's 2025 Franchise Disclosure Document, a franchisee irrevocably submits to the jurisdiction of California courts for any legal action arising from the franchise agreement or disputes with Apricot Lane. The franchisee also agrees that these actions must be brought or defended in California courts, unless the matter falls under the jurisdiction of the Federal Courts of the United States, in which case the action must be brought or defended in the Federal District Court sitting in Sacramento, California.
Specifically, the franchisee waives the right to argue that California is an inconvenient forum for such legal proceedings. This means that a franchisee cannot claim that a different location would be more appropriate or fair for the lawsuit. This waiver is made to the fullest extent permitted by law.
However, this section does not limit Apricot Lane's ability to initiate legal action against the franchisee in any appropriate jurisdiction, including actions to enforce a judgment obtained in a California State or Federal Court. The franchisee must also consent to service of process by certified mail or other legal means to their address, as if they were served within California, eliminating the need for personal service within the state.