In the Beehive Homes Guaranty, can process or notice of motion be served outside of Utah?
Beehive_Homes Franchise · 2025 FDDAnswer 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 Beehive Homes' 2025 Franchise Disclosure Document, in the Guaranty, process or notice of motion can be served outside of the state of Utah. Specifically, the document states that the parties involved consent to the jurisdiction of the courts within the State of Utah, in Salt Lake County, or the United States District Court for the District of Utah, and agree to venue in Salt Lake County, Utah.
Furthermore, the Guaranty outlines that any process, notice of motion, or other application to a court or judge can be served outside of Utah. This service can be carried out through certified mail or personal service, provided that a reasonable timeframe for appearance is given. This means that Beehive Homes has the legal right to serve court-related documents to the franchisee or guarantor outside of Utah, which could be important if the franchisee or guarantor resides or operates outside of Utah.
This clause is significant for prospective Beehive Homes franchisees as it establishes the legal jurisdiction and venue for any disputes related to the Guaranty. It also clarifies the methods by which legal notices can be served, ensuring that franchisees and guarantors can be properly notified of any legal proceedings, even if they are not located within Utah. Franchisees should be aware of this provision and understand the implications of consenting to jurisdiction and service of process in Utah, regardless of their location.