Does state law have any impact on the choice of forum for Beyond Juicery Eatery litigation?
Beyond_Juicery_Eatery Franchise · 2025 FDDAnswer from 2025 FDD Document
| Provision | Section in Franchise Agreement | Summary |
|---|---|---|
| v. Choice of forum | Section 23 | Subject to state law, any litigation must be pursued in courts located in the |
| county of our principal place of business at the time the action is filed. |
Source: Item 17 — RENEWAL, TERMINATION, TRANSFER, AND DISPUTE RESOLUTION (FDD pages 50–56)
What This Means (2025 FDD)
According to Beyond Juicery Eatery's 2025 Franchise Disclosure Document, state law does have an impact on the choice of forum for litigation. Specifically, the FDD indicates that any litigation must be pursued in courts located in the county of Beyond Juicery Eatery's principal place of business at the time the action is filed, but this is explicitly "subject to state law." This means that while Beyond Juicery Eatery prefers litigation to occur in its home jurisdiction, state laws could override this provision.
This clause is fairly standard in franchise agreements, as franchisors often seek to centralize legal proceedings in a location convenient for them. However, the inclusion of "subject to state law" is important for franchisees. Some states have franchise laws that restrict or prohibit out-of-state forum selection clauses, arguing that they unduly burden franchisees. These laws aim to protect franchisees from having to bear the expense and difficulty of litigating in a distant jurisdiction.
For a prospective Beyond Juicery Eatery franchisee, this means it is crucial to understand the franchise laws of their own state. They should determine whether their state has any regulations that could invalidate or modify the forum selection clause in Beyond Juicery Eatery's franchise agreement. Consulting with a franchise attorney is advisable to assess the enforceability of this provision in their specific state and to understand their rights in case of a dispute with Beyond Juicery Eatery.