To which court jurisdiction do UWIN and the Benjamin Franklin Plumbing contractor irrevocably submit?
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 Franchise Disclosure Document, Benjamin Franklin Plumbing franchisees who participate in the UWIN program agree to specific legal terms regarding dispute resolution. UWIN and the franchisee (referred to as "Contractor" in this context) both irrevocably submit to the jurisdiction of courts located where UWIN has its principal place of business at the time the action is commenced.
Specifically, any state court of general jurisdiction sitting in the county and state where UWIN's principal place of business is located, or the United States District Court for that same county and state, will serve as the venue and exclusive forum for any legal case or controversy arising from or relating to the UWIN Participation Agreement. This means that if a dispute arises between the Benjamin Franklin Plumbing franchisee and UWIN, the lawsuit must be filed in one of these courts. Both parties waive any objections they might have to the jurisdiction or venue of these courts.
This clause is significant because it dictates where a franchisee can sue or be sued by UWIN, potentially adding travel costs and the inconvenience of litigating in a distant location. Franchisees should be aware of UWIN's principal place of business and consider the implications of this venue selection clause. It is common practice in franchising for the franchisor to specify the jurisdiction for legal disputes, but franchisees should carefully evaluate this clause and seek legal counsel to understand their rights and obligations.