Does the Bumble Roofing note restrict the holder's right to bring action in other jurisdictions?
Bumble_Roofing Franchise · 2025 FDDAnswer from 2025 FDD Document
(ii) Nothing in this Section 14(a) shall affect the right of the holder to bring any action, suit, or proceeding relating to this Note against the maker or its properties in the courts of any other jurisdiction.
(iii) Nothing in this Section 14(a) shall affect the right of the holder to serve process upon the maker in any manner authorized by the laws of any such jurisdiction.
Source: Item 23 — RECEIPT (FDD pages 53–188)
What This Means (2025 FDD)
According to the 2025 Bumble Roofing Franchise Disclosure Document, the promissory note does not restrict the holder's right to bring action in other jurisdictions. Specifically, Section 14(a)(ii) of the note explicitly states that nothing within that section affects the holder's right to initiate legal proceedings against the maker or their assets in the courts of any jurisdiction. This protects Bumble Roofing's ability to pursue legal action against a franchisee who defaults on their promissory note, regardless of where the franchisee's assets are located.
Furthermore, Section 14(a)(iii) clarifies that the holder's right to serve process upon the maker is not limited by Section 14(a). This means Bumble Roofing can serve legal documents to the franchisee in any manner authorized by the laws of any jurisdiction, ensuring they can properly notify the franchisee of any legal action, even if the franchisee is located outside of Virginia.
In practical terms, these provisions provide Bumble Roofing with flexibility in pursuing legal remedies. While the franchisee agrees to submit to the jurisdiction of Virginia courts for disputes related to the note, Bumble Roofing retains the option to pursue legal action in other jurisdictions if it is deemed more advantageous or necessary to protect their interests. This is a common practice in franchising, as it allows the franchisor to pursue legal action where the franchisee's assets are located, increasing the likelihood of recovering any outstanding debt.