What is the exclusive venue for disputes between Bambu and the franchisee if not subject to mandatory arbitration?
Bambu Franchise · 2025 FDDAnswer from 2025 FDD Document
rum in which to resolve any disputes that arise between them and have agreed to select a forum in order to promote stability in their relationship. Therefore, if a claim is asserted in any legal proceeding not subject to mandatory arbitration, as specified in Section 23.1 above, involving Franchisee and/or the Franchisee Affiliates, on the one side, and Bambu and/or the Bambu Affiliates, on the other side, both parties agree that the exclusive venue for disputes between them shall be in the state and federal courts of Colorado U.S.A., and each waive any objection either may have to the personal jurisdiction of or venue in the state and federal courts of Colorado U.S.A. Notwithstanding the foregoing, any legal proceeding by Bambu or any Bambu Affiliate not subject to mandatory arbitration may be brought in any court of competent jurisdiction in the country, state, province, or other geographic area in which Franchisee's shoppe is located or in which Franchisee or any Franchisee Affiliate resides or owns assets.
Source: Item 23 — Receipts (FDD pages 52–209)
What This Means (2025 FDD)
According to Bambu's 2025 Franchise Disclosure Document, if a legal proceeding is initiated that is not subject to mandatory arbitration, the exclusive venue for disputes between Bambu and the franchisee will be the state and federal courts of Colorado, U.S.A. Both parties consent to jurisdiction and venue in these courts and waive any objections to personal jurisdiction or venue.
However, there is an exception to this rule. Bambu retains the right to bring legal proceedings not subject to mandatory arbitration in any court of competent jurisdiction within the country, state, province, or geographic area where the franchisee's shop is located, or where the franchisee or any franchisee affiliate resides or owns assets. This means that while the franchisee is generally required to litigate in Colorado, Bambu has the option to sue the franchisee in the franchisee's local jurisdiction.
It is also important to note that both Bambu and the franchisee waive their rights to a jury trial if a claim may be brought in court. This means that any legal disputes will be resolved by a judge rather than a jury. Franchisees should be aware of these venue and jurisdiction provisions as they could significantly impact the cost and convenience of resolving any legal disputes with Bambu.