Where is the exclusive venue for resolving disputes between Buona and its franchisees, affiliates, officers, directors, members, managers, and employees?
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, Buona franchisees and Buona have agreed to a specific location for resolving disputes to promote stability in their relationship. The exclusive venue for any legal proceedings involving the franchisee, its affiliates, Buona, its affiliates, and their respective personnel will be in the state and federal courts of Cook County, Illinois, or through arbitration in Cook County, Illinois.
This agreement means that any legal disputes, whether they end up in court or arbitration, must take place in Cook County, Illinois. This applies to claims made by either the franchisee or Buona against each other. By agreeing to this, both parties waive any objections to the personal jurisdiction or venue in these courts or arbitration location.
This clause is designed to provide a predictable and consistent forum for dispute resolution, which can be beneficial for both Buona and its franchisees. However, franchisees located far from Cook County, Illinois, should consider the potential travel and legal costs associated with this requirement. Franchisees should also be aware that they are waiving their right to a jury trial.