What geographic area do the restrictions on litigation location apply to for Canine Dimensions franchises?
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' 2025 Franchise Disclosure Document, the standard franchise agreement mandates that any legal action related to the agreement or the relationship between the franchisee and Canine Dimensions must be initiated in a court within the State of Florida, specifically in the judicial district where Canine Dimensions maintains its primary business location. This requirement is binding, as both parties must irrevocably submit to the exclusive jurisdiction of those Florida courts. The franchisee also explicitly waives their right to request a change of venue to any location outside of what is stipulated in the agreement. This clause remains in effect even after the termination of the franchise agreement.
However, this requirement may not apply to franchisees in all states. For example, the FDD includes an addendum for franchisees in the State of Minnesota. According to this addendum, any provision in the Franchise Agreement that would require litigation to be conducted outside of Minnesota is not enforceable for franchises offered and sold in Minnesota. The addendum states that Minnesota Statute Section 80C.21 and Minnesota Rule 2860.4400J prohibit Canine Dimensions from requiring litigation to be conducted outside of Minnesota.
Similarly, the Canine Dimensions FDD includes an addendum for franchisees in the State of California. This addendum states that prospective franchisees are encouraged to consult private legal counsel to determine the applicability of California and federal laws (such as Business and Professions Code Section 20040.5 Code of Civil Procedure Section 1281, and the Federal Arbitration Act) to any provisions of a franchise agreement restricting venue to a forum outside the State of California. It also notes that Section 20040.5 may still apply to any provision relating to judicial proceedings.