factual

Under the Beyond Juicery Eatery Franchise Agreement, what constitutes an 'Action'?

Beyond_Juicery_Eatery Franchise · 2025 FDD

Answer from 2025 FDD Document

  • The Franchise Agreement requires litigation to be conducted in a court located outside of the State of California. This provision might not be enforceable for any cause of Action arising under California law.
  • Section 23.02 is amended to provide that you may commence litigation in Indiana for any cause of Action under Indiana law.

Source: Item 23 — RECEIPTS (FDD pages 60–337)

What This Means (2025 FDD)

The 2025 Franchise Disclosure Document for Beyond Juicery Eatery does not explicitly define what constitutes an "Action" within the context of the Franchise Agreement. However, the term "Action" is used in the context of legal proceedings and potential causes of action.

Specifically, the FDD references how certain provisions of the Franchise Agreement might not be enforceable under specific state laws. For example, the California Franchise Relations Act may provide rights concerning termination or non-renewal that supersede the Franchise Agreement. Similarly, the Franchise Agreement's requirement for litigation to occur outside of California might not be enforceable for any cause of "Action" arising under California law. The Indiana addendum also mentions that a franchisee may commence litigation in Indiana for any cause of "Action" under Indiana law.

Because the term "Action" is not defined, prospective Beyond Juicery Eatery franchisees should seek legal counsel to fully understand their rights and obligations, especially concerning dispute resolution and compliance with local laws. It would be prudent to ask Beyond Juicery Eatery for a precise definition of 'Action' to ensure clarity on what legal claims or proceedings are covered by this term within the Franchise Agreement.

Disclaimer: This information is extracted from the 2025 Franchise Disclosure Document and is provided for research purposes only. It does not constitute legal or financial advice. Consult with a franchise attorney before making any investment decisions.