What does a Benjamin Franklin Plumbing contractor waive regarding objections to jurisdiction or venue?
Benjamin_Franklin_Plumbing Franchise · 2025 FDDAnswer from 2025 FDD Document
- 6.8 Venue**. UWIN AND CONTRACTOR AGREE THAT (A) ANY STATE COURT OF GENERAL JURISDICTION SITTING IN THE COUNTY AND STATE WHERE UWIN HAS ITS PRINCIPAL PLACE OF BUSINESS AT THE TIME THE ACTION IS COMMENCED OR (B) THE UNITED STATES DISTRICT COURT FOR THE COUNTY AND STATE WHERE UWIN HAS ITS PRINCIPAL PLACE OF BUSINESS AT THE TIME THE ACTION IS COMMENCED WILL BE THE VENUE AND EXCLUSIVE FORUM IN WHICH TO ADJUDICATE ANY CASE OR CONTROVERSY ARISING FROM OR RELATING TO THIS AGREEMENT, AND UWIN AND CONTRACTOR IRREVOCABLY SUBMIT TO THE JURISDICTION OF SUCH COURT AND WAIVES ANY OBJECTION IT MAY HAVE TO EITHER THE JURISDICTION OR VENUE OF SUCH COURT**.
Source: Item 23 — RECEIPTS (FDD pages 88–312)
What This Means (2025 FDD)
According to the 2025 Benjamin Franklin Plumbing Franchise Disclosure Document, both UWIN and the contractor agree that any legal action will take place in the county and state where UWIN's principal business is located. This can either be in a state court of general jurisdiction or the United States District Court.
The contractor irrevocably submits to the jurisdiction of that court. This means the contractor gives up the right to object to either the jurisdiction, which is the court's power to hear the case, or the venue, which is the specific location of the court.
In essence, a Benjamin Franklin Plumbing contractor is agreeing to resolve any legal disputes with UWIN in UWIN's home jurisdiction, potentially adding travel and logistical expenses for the contractor if they are located elsewhere. This is a fairly standard clause in franchise agreements, designed to provide the franchisor with a consistent and predictable legal environment.