Do the owners of a Bananas Smoothies Frozen Yogurt franchise waive objections to jurisdiction or venue?
Bananas_Smoothies_Frozen_Yogurt Franchise · 2025 FDDAnswer from 2025 FDD Document
Except as otherwise stated herein, any and all controversies, claims or disputes among Franchisor, Franchisee and any or all of their respective owners, affiliates, officers, directors, shareholders, members, employees and agents shall be resolved by litigation and brought, maintained and concluded exclusively in either the State Courts of New Jersey as hereinafter specified or Federal Court, in the United States District Court, the Newark vicinage in the State of New Jersey. If Franchisor initiates litigation in the State Court of New Jersey, such litigation may, in Franchisor's sole discretion, be instituted in either Morris County, Essex County or Union County New Jersey. If litigation is instituted by Franchisee, its owners or any party hereto, other than Franchisor, in State Court, such litigation shall be instituted maintained and concluded only in Morris County, New Jersey and if in Federal Court, the United States District Court in the Newark vicinage in the State of New Jersey. Franchisee and each owner, waive to the fullest extent permitted by law, any objection that Franchisee and each owner may now or in the future have to the laying of jurisdiction or venue of any litigation arising out of or in connection with this Agreement brought by Franchisor in Federal Court in the United States District State Court, Newark vicinage or in State Court by Franchisor, in either Morris County, Essex County, or Union County in New Jersey or if brought by Franchisee and/or any owner thereof in the State Court, in Morris County, New Jersey. Franchisee and any owner thereof or any party hereto,
waives any objection as to any action or proceeding brought in such court or that such court is an inconvenient forum. The Franchisee or any owner or any party hereto, further acknowledges and agrees that Franchisor may institute legal action for injunctive relief including temporary restraining orders and preliminary injunctions pursuant to Paragraph 29.03 "Right to Injunctive Relief".
Franchisee and any owner thereof or any party hereto, hereby agrees that service of process may be made upon Franchisee or any owner thereof or any party hereto, in any proceeding relating to or arising out of this Agreement or any provision of this Agreement or the relationship created by this Agreement as follows:
- (i).
Source: Item 23 — RECEIPT (FDD pages 58–231)
What This Means (2025 FDD)
According to the 2025 Bananas Smoothies Frozen Yogurt Franchise Disclosure Document, franchisees and their owners agree to resolve disputes through litigation, exclusively within the state courts of New Jersey or the Federal Court in the Newark vicinage of New Jersey. If Bananas Smoothies Frozen Yogurt initiates litigation in the State Court of New Jersey, they have the option to choose either Morris County, Essex County, or Union County in New Jersey. However, if the franchisee or their owners initiate litigation in State Court, it must occur exclusively in Morris County, New Jersey.
Specifically, franchisees and their owners waive any objections to the jurisdiction or venue of litigation arising from or related to the franchise agreement. This waiver applies to litigation brought by Bananas Smoothies Frozen Yogurt in the Federal Court in the Newark vicinage, or in the State Court in either Morris County, Essex County, or Union County in New Jersey. It also applies if the franchisee or their owners bring the litigation in the State Court in Morris County, New Jersey.
Furthermore, franchisees and their owners waive any objections regarding actions or proceedings brought in these courts, including claims of inconvenient forum. Bananas Smoothies Frozen Yogurt retains the right to seek injunctive relief, including temporary restraining orders and preliminary injunctions. The document also specifies how service of process can be made upon the franchisee or their owners in any proceeding related to the franchise agreement.