How can service of process be effected on an Apricot Lane franchisee in a suit, action, or proceeding?
Apricot_Lane Franchise · 2025 FDDAnswer from 2025 FDD Document
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 consents to the jurisdiction of California courts for any legal actions arising from the franchise agreement or disputes with Apricot Lane, provided it does not fall under the jurisdiction of the Federal Courts of the United States, in which case it will be brought in the Federal District Court sitting in Sacramento, California. The franchisee also waives any objection to the venue.
Service of process does not need to be delivered personally within California. Instead, it can be served by certified mail or any other legally accepted method, addressed to the franchisee at the address listed in the agreement.
This clause does not limit Apricot Lane's ability to initiate legal proceedings against the franchisee in any other suitable jurisdiction, including actions to enforce judgments obtained in California or federal courts. This section outlines how legal actions can be initiated and where they can be pursued, ensuring both parties understand the legal framework governing their relationship.