Does the Brueggers Bagels agreement specify a jurisdiction and venue for disputes?
Brueggers_Bagels Franchise · 2025 FDDAnswer from 2025 FDD Document
- **14.7.
Jurisdiction and Venue**.
The parties hereto mutually agree that the U.S.
District Court for the District of Colorado, or if such court lacks jurisdiction, the state courts located in Jefferson County, Colorado, shall be the venue and exclusive forum in which to adjudicate any case or controversy arising from or relating to this Agreement and any guarantees hereof, undertakings hereunder provided and relationship established thereby, however, with respect to any action which includes injunctive relief or other extraordinary relief, we may bring such action in any court of competent jurisdiction.
The parties irrevocably submit to the jurisdiction of such courts and waive any objections to either the jurisdiction of or venue in such courts.
The parties mutually agree that personal jurisdiction may be effected by service of process and that when so made shall be as if served personally.
This Agreement was executed and accepted at our place of business in Jefferson County, Colorado.
The parties anticipate that the performance of certain of your obligations arising under this Agreement, including the payment of certain monies due Licensor, shall occur in Jefferson County, Colorado.
- **14.8.
Mediation**.
Before any party may bring an action in court against the other, the parties agree that they must first meet to mediate the dispute (except as otherwise provided in Section 14.10 below).
Any such mediation shall be non-binding and shall be conducted in accordance with the then-current rules for mediation of commercial disputes of JAMS (formerly, "Judicial Arbitration and Mediation Services, Inc.") at its location then-nearest to our principal place of business.
Source: Item 22 — CONTRACTS (FDD page 61)
What This Means (2025 FDD)
According to Brueggers Bagels' 2025 Franchise Disclosure Document, the agreement specifies that the U.S. District Court for the District of Colorado, or the state courts in Jefferson County, Colorado if the federal court lacks jurisdiction, will serve as the venue and exclusive forum for adjudicating disputes related to the agreement. This applies to any case or controversy arising from the agreement, guarantees, undertakings, and the established relationship. However, Brueggers Bagels retains the right to bring actions involving injunctive or other extraordinary relief in any court of competent jurisdiction.
This means that, unless the dispute involves injunctive relief, a franchisee would likely need to travel to Colorado to resolve legal disputes with Brueggers Bagels. The franchisee irrevocably submits to the jurisdiction of these courts and waives objections to jurisdiction or venue. The agreement also states that service of process is considered personal service.
The agreement was executed and accepted at Brueggers Bagels' place of business in Jefferson County, Colorado, and the parties anticipate that the franchisee's performance of certain obligations, including payments, will occur there. This further reinforces Colorado as the primary location for legal and contractual matters.
Prior to initiating any court action, the Brueggers Bagels agreement requires the parties to participate in non-binding mediation. This mediation must follow the rules for commercial disputes of JAMS (Judicial Arbitration and Mediation Services, Inc.) at the location nearest to Brueggers Bagels' principal place of business. This clause encourages dispute resolution through mediation before resorting to litigation, which is a common practice in franchising.