Where must legal proceedings not subject to arbitration be brought for a Better Blend franchise dispute?
Better_Blend Franchise · 2024 FDDAnswer from 2024 FDD Document
- 17.5 Venue Other Than Arbitration. For any legal proceeding not required to be submitted to arbitration, the parties agree that such proceeding will be brought in the United States District Court where BBF's headquarters is then located.
If there is no federal jurisdiction over the dispute, the parties agree that any such legal proceeding will be brought in the court of record of the state and county where BBF's headquarters is then located.
Each party consents to the jurisdiction of such courts and waives any objection that it, he or she may have to the laying of venue of any proceeding in any of these courts.
Source: Item 22 — CONTRACTS (FDD page 43)
What This Means (2024 FDD)
According to Better Blend's 2024 Franchise Disclosure Document, any legal proceeding not required to be submitted to arbitration must be brought in the United States District Court where Better Blend's headquarters is located. If there is no federal jurisdiction over the dispute, the legal proceeding will be brought in the court of record of the state and county where Better Blend's headquarters is located. Each party consents to the jurisdiction of such courts and waives any objection to the venue in these courts.
This means that if a Better Blend franchisee has a dispute with the company that is not subject to arbitration, they will likely have to pursue legal action in the federal or state courts closest to Better Blend's headquarters. This could be a significant consideration for franchisees who live far from Better Blend's headquarters, as it could increase the cost and complexity of resolving disputes.
It is important for prospective Better Blend franchisees to understand this venue provision and consider its potential impact on their ability to resolve disputes with the company. Franchisees should consult with an attorney to fully understand their rights and obligations under the franchise agreement, including the dispute resolution provisions.