Where does litigation take place for Big Frog Custom T Shirts More?
Big_Frog_Custom_T_Shirts_More Franchise · 2024 FDDAnswer from 2024 FDD Document
| Provision | Section in Franchise Agreement | Summary | |
|---|---|---|---|
| damage the goodwill of the Marks or System, or disrupt or jeopardize our business or that of our franchisees. | |||
| r. | Non-competition covenants after the franchise is terminated or expires | Section 19.5.2 | For 24 months after the termination of the Franchise Agreement, you may not: divert, or attempt to divert, customers of any Big Frog outlet (including yours) to any competitor, participate in any capacity, including, but not limited to as an owner, investor, officer, director, employee or agent, in any competing business within 25 miles of your former Big Frog outlet location or any other Big Frog outlet location (franchised or company owned); do any act that could damage the goodwill of the Marks or System, or disrupt or jeopardize our business or that of our franchisees. |
| s. | Modification of the agreement | Sections 9.4, 14.6, 19.1.4 and 22.4 | No oral modifications generally, but we may change the Operations Manual and System standards at any time. You may be required to implement these changes at your own costs. We have the right to modify our Marks at any time upon written notice to you. |
| t. | Integration/merger clause | Section 21.4 | Only the terms of the Franchise Agreement and other related written agreements, such as any attachments to the Franchise Agreement or addenda, are binding (subject to applicable state law.) Any representations or promises outside of the disclosure document and Franchise Agreement may not be enforceable. |
| u. | Dispute resolution by arbitration or mediation | Sections 20.1, 20.2 and 20.3 | At our option, claims that are not resolved internally may be submitted to non-binding mediation at our headquarters. |
| v. | Choice of forum | Section 20.4 | Litigation takes place in Pinellas County, Florida (subject to applicable state law). |
Source: Item 17 — RENEWAL, TERMINATION, TRANSFER, AND DISPUTE RESOLUTION (FDD pages 31–35)
What This Means (2024 FDD)
According to Big Frog Custom T Shirts More's 2024 Franchise Disclosure Document, any litigation will take place in Pinellas County, Florida. This is subject to applicable state law. This means that if a franchisee has a legal dispute with Big Frog Custom T Shirts More that cannot be resolved through other means, the lawsuit must be filed and litigated in the specified Florida county, regardless of where the franchisee's business is located.
This requirement could create additional expenses and logistical challenges for franchisees who do not reside in Florida. They would need to hire legal counsel familiar with Florida law and potentially travel to Pinellas County for court appearances, depositions, and other legal proceedings. These costs can be significant and should be considered when evaluating the franchise opportunity.
Choice of forum clauses are common in franchise agreements, as they provide the franchisor with a consistent legal environment. However, franchisees should carefully consider the implications of litigating disputes in a distant jurisdiction. It is advisable to consult with an attorney to understand the potential costs and challenges before signing the Franchise Agreement.