Which state's laws govern adversarial proceedings between the franchisee and Bombs Away Franchising?

According to Bombs Away's 2024 Franchise Disclosure Document, the laws of California govern all adversarial proceedings between Bombs Away Franchising and its franchisees. Specifically, this applies without regard to California's conflict of law principles. This means that if a dispute arises between a franchisee and Bombs Away that leads to legal action, California law will be used to resolve the matter, irrespective of where the franchisee is located.

However, the franchise agreement also stipulates that any California law designed to protect franchisees or business opportunity purchasers will only apply if the jurisdictional requirements are met independently, without relying on this specific governing law clause. This suggests that while California law generally applies, certain protections afforded by California franchise law might not automatically extend to franchisees outside of California unless they independently meet the criteria for jurisdiction within California.

This clause is fairly standard in franchise agreements, as franchisors typically prefer to have disputes resolved under the laws of their home state. For a prospective Bombs Away franchisee, this means they may need to become familiar with California law and legal procedures if a dispute arises. It also means that any legal action may need to be pursued in California, potentially increasing the costs and complexity of resolving disputes.