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For Bonchon Area Development Agreements issued in North Dakota, is any provision designating jurisdiction or venue outside of North Dakota enforced?

Bonchon Franchise · 2025 FDD

Answer from 2025 FDD Document

Any provision in the Area Development Agreement which designates jurisdiction or venue or requires the Area Developer to agree to jurisdiction or venue, in a forum outside of North Dakota, is deleted from Area Development Agreements issued in the State of North Dakota.

The site of any arbitration will be agreeable to all parties.

Source: Item 23 — RECEIPTS (FDD pages 92–536)

What This Means (2025 FDD)

According to Bonchon's 2025 Franchise Disclosure Document, any provision in the Area Development Agreement that designates jurisdiction or venue outside of North Dakota is deleted from Area Development Agreements issued in North Dakota. This means that Bonchon franchisees in North Dakota will not be required to litigate or arbitrate disputes in a forum outside of North Dakota.

This protection is formalized through a North Dakota Addendum to the Area Development Agreement. This addendum specifically overrides any conflicting provisions in the standard Area Development Agreement, ensuring that North Dakota law and venue apply. The addendum also stipulates that the site of any arbitration must be agreeable to all parties involved.

This is a significant benefit for prospective Bonchon area developers in North Dakota, as it ensures that legal proceedings will occur within the state, potentially reducing travel costs and making it easier to secure local legal representation. It also provides a level of legal certainty, as North Dakota laws will govern the agreement rather than those of another state like New York, which is referenced in the standard agreement.

Disclaimer: This information is extracted from the 2025 Franchise Disclosure Document and is provided for research purposes only. It does not constitute legal or financial advice. Consult with a franchise attorney before making any investment decisions.