In which county in Indiana must legal actions against Byrider be instituted?
Byrider Franchise · 2025 FDDAnswer from 2025 FDD Document
- 20.6 Choice of Forum. The Company and the Franchisee agree that any action brought by one of them against the other (which is not to be arbitrated pursuant hereto or pursuant to law) shall be instituted exclusively in a state or federal court having subject matter jurisdiction thereof located in Marion County, Indiana and they irrevocably waive any objection they may have to the jurisdiction or the venue of such court.
Source: Item 23 — Receipts (FDD pages 88–335)
What This Means (2025 FDD)
According to Byrider's 2025 Franchise Disclosure Document, any legal action brought by Byrider or the franchisee against each other must be instituted exclusively in a state or federal court located in Marion County, Indiana. This requirement applies to any action that is not subject to arbitration. Both Byrider and the franchisee agree to this choice of forum and waive any objections to the jurisdiction or venue of that court.
This means that if a franchisee has a dispute with Byrider that results in a lawsuit (and is not subject to arbitration), the franchisee will likely need to travel to Marion County, Indiana, to litigate the matter. This could increase the franchisee's legal costs due to travel, local counsel fees, and other related expenses. It also means that the franchisee will be subject to Indiana state and federal court procedures.
It is common for franchise agreements to include forum selection clauses like this one, which specify where lawsuits must be filed. This allows Byrider to manage legal disputes in a location convenient for them. Franchisees should consider this factor when evaluating the potential costs and burdens of entering into a franchise agreement with Byrider.