Under what state's laws is the Burger King Program Agreement governed and construed?
Burger_King Franchise · 2025 FDDAnswer from 2025 FDD Document
- 11.5 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, the Franchise Agreements or related documentation and any other agreement between the parties, and the parties further agree that, if litigation arises out of, or in connection with this Agreement, the Franchise Agreements, or related documentation or any other agreement between
Source: Item 23 — RECEIPTS (FDD pages 127–995)
What This Means (2025 FDD)
According to Burger King's 2025 Franchise Disclosure Document, the Program Agreement is governed by and construed in accordance with the laws of the State of Florida. This means that any legal disputes arising from the agreement will be interpreted under Florida law.
Furthermore, the FDD specifies that the United States District Court for the Southern District Court of Florida will be the venue and exclusive proper forum for adjudicating any cases or controversies related to the Program Agreement, Franchise Agreement, or related documentation. If that court lacks jurisdiction, the 11th Judicial Court in Miami-Dade County, Florida, will serve as the venue. Franchisees agree not to contest the personal jurisdiction or venue of these courts if litigation arises.
This clause is significant for prospective Burger King franchisees as it dictates the legal framework and location for resolving disputes. Franchisees should be aware that they may need to engage legal counsel familiar with Florida law if any issues arise related to their Program Agreement or Franchise Agreement. This could potentially add to the cost and complexity of resolving disputes.