factual

For Bath Tune Up franchises in Maryland, where is the choice of forum for equitable/injunctive relief?

Bath_Tune_Up Franchise · 2025 FDD

Answer from 2025 FDD Document

Item 17v (Choice of Forum) is amended to state: "None for equitable/injunctive relief and South Dakota for arbitration/mediation proceedings" under the heading "Summary".

Source: Item 23 — RECEIPTS (FDD pages 52–222)

What This Means (2025 FDD)

According to the 2025 Bath Tune Up Franchise Disclosure Document, there is no specified choice of forum for equitable/injunctive relief for Maryland franchisees. Instead, the FDD states that the choice of forum is "None for equitable/injunctive relief and South Dakota for arbitration/mediation proceedings".

This means that if a Bath Tune Up franchisee in Maryland seeks equitable or injunctive relief (such as a temporary restraining order or an injunction) against the franchisor, the franchise agreement does not dictate a specific location or forum for those proceedings. This could allow the franchisee to pursue such legal actions in a forum that is more convenient or advantageous to them, potentially within Maryland.

However, for arbitration or mediation proceedings, the specified forum is South Dakota. This distinction is important for prospective franchisees to understand, as it clarifies that while disputes requiring equitable relief may have flexibility in forum selection, other types of dispute resolution are confined to a specific location. Franchisees should seek legal counsel to fully understand the implications of these forum choices and how they might affect their rights and obligations under the franchise agreement.

Disclaimer: This information is extracted from the 2025 Franchise Disclosure Document and is provided for research purposes only. It does not constitute legal or financial advice. Consult with a franchise attorney before making any investment decisions.