If legal proceedings are not subject to arbitration, where will they take place for Bombs Away?
Bombs_Away Franchise · 2024 FDDAnswer from 2024 FDD Document
| Provision | Section in franchise or | Summary |
|---|---|---|
| v. Choice of forum | Arbitration will take place where our | |
| headquarters is located (currently, | ||
| Campbell California) (subject to applicable | ||
| state law). Any legal proceedings not | ||
| subject to arbitration will take place in the | ||
| District Court of the United States, in the | ||
| district where our headquarters is then | ||
| located, or if this court lacks jurisdiction, | ||
| the state courts of the state and county | ||
| where our headquarters is then located | ||
| (subject to applicable state law). |
Source: Item 17 — RENEWAL, TERMINATION, TRANSFER, AND DISPUTE RESOLUTION (FDD pages 28–31)
What This Means (2024 FDD)
According to Bombs Away's 2024 Franchise Disclosure Document, any legal proceedings not subject to arbitration will take place in specific courts, with some stipulations. The primary venue is the District Court of the United States in the district where Bombs Away's headquarters is located. Currently, the headquarters is in Campbell, California, so it would be the relevant California district court.
However, if the District Court lacks jurisdiction, the legal proceedings will occur in the state courts of the state and county where Bombs Away's headquarters is located. As the headquarters is in Campbell, California, this would mean the state courts of California, specifically in the county where Campbell is situated. This ensures that there is a venue for legal proceedings even if the federal court system cannot handle the case.
It is important to note that all these stipulations are subject to applicable state law, which means that state-specific regulations could potentially influence the choice of forum. Prospective franchisees should be aware of the location of Bombs Away's headquarters, as this determines where they may have to engage in legal proceedings if a dispute arises that is not subject to arbitration.