What is the governing law and venue for legal actions arising out of the Atwell Suites agreement?
Atwell_Suites Franchise · 2025 FDDAnswer from 2025 FDD Document
13 Applicable Law.
The parties shall each comply with all applicable federal, state and local employment and other laws, government regulations and orders. This Agreement shall be construed in accordance with the laws of the State of Georgia. Venue for any claim, suit, or action for enforcement of any provision of this Agreement shall lie in the state or federal courts located in the State of Georgia, Fulton or DeKalb County, to the exclusion of all others.
Source: Item 23 — Receipts (FDD pages 99–486)
What This Means (2025 FDD)
According to Atwell Suites's 2025 Franchise Disclosure Document, the agreement is governed by the laws of the State of Georgia. The venue for any claim, suit, or action for enforcement of any provision of the agreement lies in the state or federal courts located in the State of Georgia, specifically Fulton or DeKalb County. This excludes all other venues.
However, this is subject to certain state-specific amendments. For instance, for franchises issued in North Dakota, any provision in the license that designates jurisdiction or venue in a forum outside of North Dakota is deleted. Similarly, for franchises in Rhode Island, any provision restricting jurisdiction or venue to a forum outside of Rhode Island or requiring the application of the laws of another state is void with respect to a claim otherwise enforceable under the Rhode Island Franchise and Distributorship Act.
For prospective Atwell Suites franchisees, this means that while the standard agreement specifies Georgia law and venue, these terms may be altered depending on the state in which the franchise is located. Franchisees should carefully review any state-specific amendments to understand their rights and obligations regarding governing law and venue.