Where is the exclusive venue for adjudicating cases related to the Benjamin Franklin Plumbing agreement?
Benjamin_Franklin_Plumbing Franchise · 2025 FDDAnswer from 2025 FDD Document
- 23.6. Venue for Litigation.
Franchisee and the Owners are required to file any lawsuit against us only in the federal district court for the district encompassing Columbia, Maryland (or in the closest state court to Columbia, Maryland, if the federal court lacks subject matter jurisdiction).
We may file a lawsuit against Franchisee or the Owners in the federal or state court for Columbia, Maryland or in the federal or state court where the Franchised Business is located.
We have the right to designate headquarters for the Brand at a location other than Columbia, Maryland and to substitute that location for Columbia, Maryland for purposes of this Section.
The parties irrevocably submit to the jurisdiction of such courts and waive all objections to personal jurisdiction and venue for purposes of carrying out this provision.
Source: Item 23 — RECEIPTS (FDD pages 88–312)
What This Means (2025 FDD)
According to the 2025 FDD, the venue for litigating disputes related to the Benjamin Franklin Plumbing franchise agreement depends on which party is initiating the lawsuit. If the franchisee or its owners are suing Benjamin Franklin Franchising SPE LLC, they must file in the federal district court encompassing Columbia, Maryland, or the closest state court if the federal court lacks jurisdiction.
Conversely, Benjamin Franklin Franchising SPE LLC has the option to file a lawsuit against the franchisee or its owners in the federal or state court for Columbia, Maryland, or in the federal or state court where the franchised business is located. The FDD stipulates that Benjamin Franklin Franchising SPE LLC can change the designated headquarters location from Columbia, Maryland, to another location, which would then be substituted for Columbia, Maryland for venue purposes.
Both parties irrevocably submit to the jurisdiction of these courts and waive any objections to personal jurisdiction and venue. This clause ensures that legal disputes are resolved in a specific location, which may impact travel costs and legal representation for the franchisee depending on their location relative to Columbia, Maryland or any substituted headquarters location.