In which state is the Baya Bar franchise agreement made and substantially performed?
Baya_Bar Franchise · 2024 FDDAnswer from 2024 FDD Document
n this Agreement, all provisions of the Franchise Agreement and attachments and schedules thereto shall remain in effect as set forth therein.
- 3.7 Survival. This Agreement shall survive the Termination of the Franchise Agreement.
- 3.8 Governing Law. This Agreement shall be governed by and construed under the laws of the State of New York, without regard to the application of New York conflict of law rules.
The undersigned have executed or caused their duly authorized representatives to execute this Agreement as of the Effective Date.
Source: Item 22 — CONTRACTS (FDD page 56)
What This Means (2024 FDD)
According to Baya Bar's 2024 Franchise Disclosure Document, the franchise agreement is governed by and construed under the laws of the State of New York. This means that the laws of New York will be used to interpret the franchise agreement. Furthermore, the parties to the Franchise Agreement consent to do business electronically pursuant to the Uniform Electronic Transactions Act as adopted by the State of New York.
This clause is important for franchisees as it determines which state's laws will apply if there is a dispute regarding the franchise agreement. Franchisees should be aware of the laws of New York and how they may impact their rights and obligations under the agreement.
Additionally, the agreement being construed under New York law means that any legal proceedings related to the franchise agreement would likely take place in New York, which could involve additional travel and expenses for the franchisee depending on their location.