Under the Burger King agreement, what is the governing law and jurisdiction for adjudicating any case or controversy?
Burger_King Franchise · 2025 FDDAnswer from 2025 FDD Document
- 15.4 Governing Law/Jurisdiction.
This Agreement shall be governed by and construed in accordance with the laws of the State of Florida.
The Parties hereto acknowledge and agree that the United States District Court for the Southern District Court of Florida, or if such court lacks jurisdiction, the 11th Judicial Court (or its successor) in and for Miami-Dade County, Florida, shall be the venue and exclusive proper forum in which to adjudicate any case or controversy arising, either directly or indirectly, under or in connection with this Agreement, and the Parties further agree that in the event of litigation arising out of or in connection with this Agreement in these courts, they will not contest or challenge the personal jurisdiction or venue of these courts.
Source: Item 20 — OUTLETS AND FRANCHISEE INFORMATION (FDD pages 109–124)
What This Means (2025 FDD)
According to Burger King's 2025 Franchise Disclosure Document, the franchise agreement is governed by Florida law. The document specifies that the United States District Court for the Southern District of Florida will serve as the venue and exclusive forum for resolving any legal disputes related to the agreement. If that court lacks jurisdiction, the 11th Judicial Court in Miami-Dade County, Florida (or its successor), will be the proper venue.
This means that any legal issues arising from the Burger King franchise agreement will be interpreted and resolved under Florida law, regardless of where the franchisee's restaurant is located. Franchisees must be prepared to handle any legal proceedings in the specified Florida courts. This could involve additional travel expenses and the need to hire legal counsel familiar with Florida law.
However, the FDD also includes amendments for franchisees in certain states like Illinois, Minnesota, and North Dakota. For example, for Burger King franchises offered and sold in the State of Illinois, Illinois law governs the Franchise Agreement, and any provision in a franchise agreement that designates jurisdiction or venue in a forum outside of Illinois is void. Similarly, for franchises in Minnesota, the franchisee has the right to submit matters to the jurisdiction of the courts of Minnesota. For franchisees in North Dakota, any claims arising under the North Dakota franchise law will be governed by the laws of the State of North Dakota, and the site of arbitration or mediation shall be agreeable to all parties and may not be remote from the franchisee's place of business.
Therefore, prospective Burger King franchisees should carefully review the specific amendments and governing law provisions that apply to their state to understand their rights and obligations regarding dispute resolution.