Does the Canine Dimensions franchise agreement require the franchisee to consent to the exclusive jurisdiction of the courts in Florida?
Canine_Dimensions Franchise · 2025 FDDAnswer from 2025 FDD Document
Subject to, and without affecting any other provisions of this Agreement, including the provisions regarding dispute resolution and arbitration in this Agreement, any cause of action, claim, suit or demand allegedly arising from or related to the terms of this Agreement or the relationship of the parties must be brought in a court of competent jurisdiction in the State of Florida in the judicial district in which Franchisor has its principal place of business. Both parties irrevocably submit themselves to, and consent to, the exclusive jurisdiction of said courts. Franchisee expressly waives the right to seek a transfer of venue to a forum other than the one stated in this Agreement. The provisions of this Section will survive the termination of this Agreement. Franchisee is aware of the business purposes and needs underlying the language of this Paragraph, and with complete understanding, agrees to be bound in the manner set forth.
Source: Item 22 — CONTRACTS (FDD page 36)
What This Means (2025 FDD)
According to Canine Dimensions's 2025 Franchise Disclosure Document, the franchise agreement mandates that any legal action related to the agreement or the relationship between the parties must be initiated in a court within the State of Florida, specifically in the judicial district where Canine Dimensions maintains its principal business location. The franchisee is obligated to submit to the exclusive jurisdiction of these Florida courts. This means that Canine Dimensions franchisees are agreeing to resolve disputes in Florida courts, regardless of where their franchise is located.
This requirement also includes an express waiver by the franchisee of the right to request a change of venue to a different location other than what is specified in the agreement. This waiver is a significant point, as it restricts the franchisee's ability to litigate in a more convenient or familiar jurisdiction. The FDD states that this provision will remain in effect even after the termination of the franchise agreement, indicating its lasting impact.
However, the FDD also includes addenda for specific states like Minnesota, Illinois, Iowa, and California, which may supersede the Florida jurisdiction clause. For example, the Illinois addendum states that any provision designating jurisdiction and venue outside of Illinois is void. Similarly, the California addendum notes that the provision requiring application of Florida laws may not be enforceable under California law. Therefore, the enforceability of the Florida jurisdiction clause depends on the franchisee's location and the relevant state laws. Prospective franchisees should carefully review any state-specific addenda to understand how these clauses may modify the standard agreement.