Regarding venue, what does each party waive in Bombs Away legal proceedings?
Bombs_Away 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 any such legal proceeding will be brought in the United States District Court where Bombs Away Franchising'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 Bombs Away Franchising'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 pages 35–36)
What This Means (2024 FDD)
According to Bombs Away's 2024 Franchise Disclosure Document, in any legal proceeding not required to be submitted to arbitration, both Bombs Away and the franchisee consent to the jurisdiction of the specified courts. They each waive any objection to the venue of any proceeding in those courts. This means that both parties agree to have legal proceedings occur in the specified location and give up the right to argue that a different location would be more appropriate or convenient.
For Bombs Away, the legal proceeding will be brought in the United States District Court where Bombs Away Franchising's headquarters is 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 Bombs Away Franchising's headquarters is then located.
This clause ensures that Bombs Away can manage legal disputes in a location convenient for them, while franchisees agree to resolve disputes in that same location. Franchisees should consider the potential costs and inconveniences of traveling to and litigating in the location of Bombs Away's headquarters.