Does the Beehive Homes Guaranty specify which state's conflict of laws rules apply?
Beehive_Homes Franchise · 2025 FDDAnswer from 2025 FDD Document
7. General Provisions.
- a. Governing Law. Except to the extent governed by the United States Trademark Act of 1946 (Lanham Act; 15 U.S.C. ¶ 1050 et seq.), as amended, this Guaranty and any and all disputes relating to this Guaranty will be governed by and construed in accordance with the substantive laws of the State of Utah without regard to laws of conflict or choice of laws of the State of Utah or of any other jurisdiction that would result in the application of any laws other than those of the State of Utah.
- 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.
- c. Franchisor may assign this Guaranty and such assignment shall not in any way affect Guarantor's liability or obligation hereunder. This Guaranty will inure to the benefit of Franchisor and its successors and assigns and will bind Guarantor and Guarantor's heirs, executors, administrators, successors, and assigns.
- d. Notices must be in writing and must be delivered in person, by prepaid overnight commercial delivery service, or by prepaid United States Mail, Priority or Express, to the following addresses:
If to Franchisor: To the address set forth in the Franchise Agreement.
Attn: Twayne Walker
If to Guarantor: To the address of Franchisee set forth in the Franchise Agreement.
Source: Item 23 — RECEIPTS (FDD pages 34–123)
What This Means (2025 FDD)
According to the 2025 Beehive Homes Franchise Disclosure Document, the Guaranty specifies that the laws of the State of Utah will govern the agreement. Specifically, the Guaranty and any disputes related to it will be interpreted under Utah's substantive laws, disregarding any conflict or choice of laws that might otherwise apply from Utah or any other jurisdiction. This means that Utah law will be used to resolve any legal issues arising from the Guaranty, regardless of where the franchisee or guarantor is located.
Additionally, the FDD states that Beehive Homes and the guarantor irrevocably accept the jurisdiction of the courts in the State of Utah, specifically in Salt Lake County, or the United States District Court for the District of Utah. They also consent to venue in Salt Lake County, Utah. This means that any legal proceedings related to the Guaranty will likely take place in Utah, and both parties agree to be subject to the authority of those courts. The document also allows for service of process or notice of motion to be served outside of Utah by certified mail or personal service, provided a reasonable time for appearance is allowed.
Beehive Homes has the right to assign the Guaranty, and such assignment will not affect the guarantor's liability or obligations. The Guaranty benefits Beehive Homes and its successors and assigns, and it binds the guarantor and their heirs, executors, administrators, successors, and assigns. All notices related to the Guaranty must be in writing and delivered in person, by prepaid overnight commercial delivery service, or by prepaid United States Mail, Priority or Express. Notices to Beehive Homes should be sent to the address in the Franchise Agreement, attention Twayne Walker, while notices to the guarantor should be sent to the franchisee's address in the Franchise Agreement.