factual

Does the Beehive Homes franchise agreement specify that the consent to jurisdiction is irrevocable?

Beehive_Homes Franchise · 2025 FDD

Answer from 2025 FDD Document

  • b. Jurisdiction. 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 the 2025 Beehive Homes Franchise Disclosure Document, the Guaranty agreement specifies that the parties involved irrevocably accept the jurisdiction of the courts of the State of Utah, specifically in Salt Lake County, or the United States District Court for the District of Utah. This acceptance extends to both their persons and their property, generally and unconditionally.

This means that any legal disputes related to the Guaranty will be resolved in the specified Utah courts, and the parties agree to this location. Furthermore, the document states that the parties consent to venue in Salt Lake County, Utah, reinforcing the agreement to litigate in this specific location. They also agree that any legal process or notice can be served outside the State of Utah via certified mail or personal service, provided they are given a reasonable time to respond.

For a prospective Beehive Homes franchisee, this clause is significant because it dictates where legal proceedings related to the Guaranty will occur. Even if the franchisee is located outside of Utah, they must be prepared to litigate in Utah courts. This could involve additional travel expenses and the need to hire legal representation familiar with Utah law. The franchisee should carefully consider this jurisdiction clause and its potential implications before signing 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.