In the event of litigation related to the Browns Chicken franchise agreement, is a franchisee allowed to contest or challenge the jurisdiction or venue of the specified court?
Browns_Chicken Franchise · 2025 FDDAnswer from 2025 FDD Document
Franchisee and Brown agree that they must institute any action against the other arising out of or relating to this Agreement only in the Eighteenth Judicial Circuit Court, DuPage County, Illinois. Franchisee irrevocably submits to the jurisdiction of such court and waives any objection he may have to either the jurisdiction or venue of such court. Franchisee agrees that such court shall be the exclusive venue and exclusive proper forum in which to adjudicate any case or controversy arising out of or related to, either directly or indirectly, this Agreement, ancillary agreements, or the business relationship between the parties. Franchisee further agrees that, in the event of such litigation, Franchisee will not contest or challenge the jurisdiction or venue of this court.
Source: Item 22 — Contracts (FDD page 43)
What This Means (2025 FDD)
According to Browns Chicken's 2025 Franchise Disclosure Document, a franchisee is not allowed to contest or challenge the jurisdiction or venue of the specified court in the event of litigation. The franchise agreement dictates that any legal action arising from the agreement must be instituted in the Eighteenth Judicial Circuit Court, DuPage County, Illinois.
By signing the Browns Chicken franchise agreement, the franchisee irrevocably submits to the jurisdiction of that court. This means the franchisee agrees to have any disputes settled in that specific court system and waives any right to object to the court's authority or location.
This clause is common in franchise agreements, as it provides the franchisor with a predictable and consistent legal environment. However, it may present a disadvantage to franchisees who live far from Illinois, as they would be required to travel there for any legal proceedings. Prospective franchisees should consider this factor, along with potential travel costs and inconvenience, before entering into the agreement.