Does a Carbones Pizzeria franchisee waive objections to jurisdiction or venue in the designated Minnesota courts?
Carbones_Pizzeria Franchise · 2025 FDDAnswer from 2025 FDD Document
Franchisor and Franchisee (and Franchisee's owners and guarantors) each agree that if litigation is commenced, the sole forum for resolving disputes under this Agreement or any aspect of the relationship between the parties shall be the state and federal courts of Minnesota. Such actions shall be exclusively venued in the state or federal courts located in Ramsey County, Minnesota, and the parties waive any objections they may have to either the jurisdiction or the venue in such courts and hereby consent to personal jurisdiction and venue in such courts. The only exception to the foregoing shall be: (1) if the courts of Minnesota would have no jurisdiction over a named party in the litigation, and such party's involvement in the litigation is integral to the underlying claims and not principally for the purpose of circumventing the intent of the parties to name Minnesota as the exclusive venue for any actions, then the action may be venued in any court having jurisdiction over all the parties and a significant nexus to the parties; and (2) to the extent that either party believes it is necessary to seek injunctive relief against the other, the party seeking relief may initiate that action in the county in which the other party has its principal office (which in the case of an action against Franchisee, shall be the county in which Franchisee is domiciled, or the county in which the Restaurant is located).
Source: Item 23 — RECEIPTS (FDD pages 30–116)
What This Means (2025 FDD)
According to the 2025 Carbones Pizzeria Franchise Disclosure Document, both Carbones Pizzeria and the franchisee agree that the sole forum for resolving disputes will be the state and federal courts of Minnesota. Specifically, these actions must be exclusively venued in the state or federal courts located in Ramsey County, Minnesota.
This means that a Carbones Pizzeria franchisee waives any objections to the jurisdiction or venue in those Minnesota courts. They also consent to personal jurisdiction and venue within those courts. This clause ensures that any legal disputes arising under the franchise agreement or related to the relationship between the parties will be heard in Minnesota courts, regardless of where the franchisee's business is located.
There are two exceptions to this venue clause. The first exception is if the courts of Minnesota would not have jurisdiction over a party involved in the litigation, and that party's involvement is integral to the claims. In this case, the action may be venued in any court having jurisdiction over all parties and a significant connection to the parties. The second exception allows either party to seek injunctive relief in the county where the other party has its principal office if they believe it is necessary.