Does the Buildingstars agreement specify that it was accepted in Missouri?
Buildingstars Franchise · 2025 FDDAnswer from 2025 FDD Document
- H.
Governing Law and Jurisdiction.
FRANCHISEE acknowledges that this Agreement was accepted in the State of Missouri.
Except to the extent that this Agreement or any particular dispute is governed by the U.S.
Trademark Act of 1946 (Lanham Act, 115 U.S.C. 1051), this Agreement will be governed, to the extent permissible, by the laws of the State of Missouri (without reference to its conflict of laws principles).
If, however, any provision of this Agreement would not be enforceable under the laws of Missouri, and if the Business is located outside of Missouri and the provision would be enforceable under the laws of the state in which the Business is located, then the provision in question (and only that provision) will be interpreted and construed under the laws of the state where the Business is located.
Source: Item 22 — CONTRACTS (FDD page 43)
What This Means (2025 FDD)
According to Buildingstars's 2025 Franchise Disclosure Document, the franchise agreement specifies that it was accepted in the State of Missouri. This acknowledgement means that Buildingstars intends for the agreement to be governed by Missouri law, to the extent permissible.
However, the FDD also states that if any part of the agreement is unenforceable under Missouri law, and the franchisee's business is located outside of Missouri, the laws of the state where the business is located will govern that specific provision. This ensures that the agreement complies with local laws and regulations applicable to the franchisee's business operations.
Furthermore, Buildingstars retains the right to pursue legal action arising from the agreement in Missouri courts, and franchisees consent to the jurisdiction and venue of those courts. This clause establishes a clear legal framework for resolving disputes, although it also includes provisions for mediation and arbitration under certain circumstances.