If litigation is necessary, in which county in Indiana must it occur for Byrider?
Byrider Franchise · 2025 FDDAnswer from 2025 FDD Document
| Provision | Section in Franchise Agreement or other agreement | Summary | |
|---|---|---|---|
| u. | Dispute resolution by arbitration arbitration | Article 19.1 | You and Byrider Franchising Partners will engage in arbitration conducted in Indianapolis, Indiana. |
| V. | Choice of forum | Article 20.6 | Litigation must be in Marion County, Indiana (Subject to State Law) |
Source: Item 17 — Renewal, Termination, Transfer, and Dispute Resolution (FDD pages 56–63)
What This Means (2025 FDD)
According to Byrider's 2025 Franchise Disclosure Document, any litigation must occur in Marion County, Indiana, but this is subject to state law. This means that if Byrider and a franchisee have a legal dispute that results in a lawsuit, the lawsuit must be filed and litigated in Marion County, Indiana, unless state law dictates otherwise. Marion County is where Indianapolis, Indiana is located.
This requirement is important for prospective franchisees to consider, as it means they may have to travel to Marion County, Indiana, to participate in any legal proceedings. This could involve significant travel expenses and time away from their business. It also means that the franchisee will be subject to the jurisdiction of the courts in Marion County, Indiana.
Franchise agreements often include clauses specifying the venue for dispute resolution, and it is not uncommon for the venue to be the location of the franchisor's headquarters. Franchisees should be aware of this clause and factor in the potential costs and inconvenience of litigating in the specified venue when evaluating the franchise opportunity.