Where is the exclusive venue for any legal actions or claims related to the Atwell Suites franchise agreement?
Atwell_Suites Franchise · 2025 FDDAnswer from 2025 FDD Document
- 11.10 Governing Law; Sole and Exclusive Venue.
This Agreement and the rights and obligations of the Parties under this Agreement shall be governed by and construed in accordance with the Laws of the State of Georgia, without giving effect to the principles thereof relating to the conflicts of Laws.
Each Party irrevocably agrees that any legal action, suit or proceeding brought by it in any way arising out of this Agreement must be brought solely and exclusively in the state courts located in the County of Fulton, State of Georgia, and irrevocably accepts and submits to the sole and exclusive jurisdiction of each of the aforesaid courts in personam, generally and unconditionally with respect to any action, suit or proceeding brought by it or against it by the other Party.
Source: Item 23 — Receipts (FDD pages 99–486)
What This Means (2025 FDD)
According to Atwell Suites's 2025 Franchise Disclosure Document, the franchise agreement dictates that any legal action or proceeding arising from the agreement must be brought exclusively in the state courts located in Fulton County, Georgia. Both parties involved in the franchise agreement irrevocably agree to submit to the sole and exclusive jurisdiction of these courts. This means that, generally, Atwell Suites franchisees would be required to pursue any legal claims against the franchisor in Georgia, regardless of where their franchise is located.
However, this requirement may be superseded by state-specific amendments included in the FDD. For example, the Maryland Amendment states that the provision permitting all suits to be filed in Georgia is deleted for residents of Maryland and/or franchises to be operated in Maryland. Similarly, the North Dakota Amendment indicates that any provision designating jurisdiction or venue in a forum outside of North Dakota is deleted for licenses issued in North Dakota. The Rhode Island Amendment states that a provision in a franchise agreement restricting jurisdiction or venue to a forum outside Rhode Island is void with respect to a claim otherwise enforceable under the Rhode Island Franchise and Distributorship Act.
These state-specific amendments highlight the importance of carefully reviewing the specific exhibits and addenda applicable to your state of residence or the location of your Atwell Suites franchise. Franchisees should consult with a legal professional to understand how these venue provisions and any state-specific amendments may affect their rights and obligations under the franchise agreement.