Does the Buildingstars Franchise 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 23 — RECEIPT (FDD pages 43–217)
What This Means (2025 FDD)
According to Buildingstars' 2025 Franchise Disclosure Document, the Franchise Agreement specifies that it was accepted in the State of Missouri. This acknowledgement means that the agreement is considered to have been formed in Missouri, which can have implications for governing law and jurisdiction.
Specifically, the agreement states that it will be governed by the laws of Missouri, without regard to its conflict of laws principles, except to the extent governed by the U.S. Trademark Act. However, if any provision of the agreement is unenforceable under Missouri law, and the Buildingstars business is located outside of Missouri, the law of the state where the business is located will govern that specific provision.
Furthermore, the Franchise Agreement dictates that any action arising out of or relating to the agreement may be instituted in any state or federal court of general jurisdiction in Missouri. By signing the agreement, the franchisee irrevocably submits to the jurisdiction and waives any objection to the application of Missouri law or to the jurisdiction or venue in those Missouri courts. This clause ensures that Buildingstars can pursue legal action against a franchisee in Missouri courts, regardless of where the franchisee's business is located.