Where is the exclusive venue for disputes involving Buona and its franchisees, if a claim is asserted in a legal proceeding?
Buona Franchise · 2025 FDDAnswer from 2025 FDD Document
Franchisee and Franchisor have negotiated regarding a forum in which to resolve any disputes which may arise between them and have agreed to select a forum in order to promote stability in their relationship.
Therefore, if a claim is asserted in any legal proceeding involving Franchisee and/or any affiliate of Franchisee and Franchisor, its Affiliates and their respective officers, directors, members, managers, and employees, the parties agree that the exclusive venue for disputes between them shall be in the state and federal courts of Cook County, Illinois or in arbitration in Cook County, Illinois pursuant to this Article XXIV, and each party waives any objection they may have to the personal jurisdiction of or venue in the state and federal courts of Cook County, Illinois or to arbitration in Cook County, Illinois pursuant to this Article XXIV.
Franchisor, Franchisor's Affiliates, Franchisee and Franchisee's Affiliates each waive their rights to a trial by jury.
Source: Item 23 — RECEIPTS (FDD pages 78–356)
What This Means (2025 FDD)
According to Buona's 2025 Franchise Disclosure Document, the exclusive venue for resolving disputes between Buona and its franchisees is in the state and federal courts of Cook County, Illinois, or through arbitration in Cook County, Illinois. This applies if a claim is asserted in any legal proceeding involving the franchisee, their affiliates, Buona, its affiliates, and their respective officers, directors, members, managers, and employees.
This clause means that any legal battles or disputes that arise between you (the franchisee) and Buona will be handled specifically in Cook County, Illinois. This location is where Buona has chosen to handle all legal matters, regardless of where your franchise is located. This could mean increased travel costs and the need to hire legal representation familiar with Illinois laws.
Furthermore, both Buona and the franchisee waive their rights to a trial by jury, indicating that disputes may be resolved by a judge or arbitrator. The document also states that Buona and the franchisee have agreed to select this forum to promote stability in their relationship. Franchisees should consider the implications of this venue selection and jury trial waiver, especially if they are located far from Cook County, Illinois.