What venue applies to any dispute concerning the release in the Bombs Away franchise agreement?
Bombs_Away Franchise · 2024 FDDAnswer from 2024 FDD Document
In the event of any dispute concerning this Release, the dispute resolution, governing law, and venue provisions of the Franchise Agreement shall apply.
Source: Item 22 — CONTRACTS (FDD pages 35–36)
What This Means (2024 FDD)
According to Bombs Away's 2024 Franchise Disclosure Document, any dispute concerning the General Release will be subject to the same dispute resolution, governing law, and venue provisions outlined in the Franchise Agreement. This means that the specific procedures for resolving disputes, the state laws that will be applied, and the location where legal proceedings will take place are all determined by the main Franchise Agreement.
Specifically, for any legal proceeding not required to be submitted to arbitration, the 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.
This clause ensures consistency in how disputes are handled, regardless of whether they arise directly from the Franchise Agreement itself or from related documents like the General Release. Franchisees should carefully review Article 17 of the Franchise Agreement, which is referenced in the General Release, to fully understand their rights and obligations regarding dispute resolution, governing law, and venue.