factual

In the Beehive Homes agreement, what is the method for serving process or notice of motion outside of Utah?

Beehive_Homes Franchise · 2025 FDD

Answer from 2025 FDD Document

The parties hereby irrevocably accept in respect of their persons and their property, generally and unconditionally, the jurisdiction of the courts of the State of Utah, in the County of Salt Lake, or the United States District Court for the District of Utah, consent to venue in Salt Lake County, Utah, and further consent that any process or notice of motion or other application to any court or a judge thereof, may be served outside the State of Utah by certified mail or by personal service, provided a reasonable time for appearance is allowed.

Source: Item 23 — RECEIPTS (FDD pages 34–123)

What This Means (2025 FDD)

According to Beehive Homes' 2025 Franchise Disclosure Document, the method for serving process or notice of motion outside of the state of Utah involves the use of certified mail or personal service. Specifically, the document states that the parties involved in the franchise agreement consent to the jurisdiction of the courts within the State of Utah, in the County of Salt Lake, or the United States District Court for the District of Utah. They also agree that any legal process or notice can be served outside of Utah through these methods. The provision includes the stipulation that a reasonable time for appearance must be allowed.

This means that if Beehive Homes needs to serve a franchisee with a legal notice or process outside of Utah, they can do so either by sending it via certified mail or by arranging for personal service. Personal service typically involves a process server physically handing the notice to the individual. Certified mail provides a record of the mailing and attempted delivery, which can be important for legal documentation.

This clause ensures that Beehive Homes has a clear and agreed-upon method for serving legal documents to franchisees who may reside or operate their franchise outside of Utah. It establishes the jurisdiction and venue for legal proceedings, which can streamline the legal process and reduce potential disputes over where a lawsuit should be filed. Franchisees should be aware of this clause, as it means they may need to travel to Utah for legal proceedings, and they must ensure they have a system for receiving and responding to legal notices sent by certified mail or personal service.

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.