Which courts are considered proper venue for lawsuits between parties of the Caring Transitions franchise agreement?
Caring_Transitions Franchise · 2025 FDDAnswer from 2025 FDD Document
- 18.4 Jurisdiction and Venue.
Subject to the provisions of Section 16.2 relating to the arbitration of disputes, each party hereby irrevocably agrees that all lawsuits between the parties and/or their affiliates shall be litigated only in courts having situs in Hamilton County, Ohio.
Each party agrees that the following courts have personal jurisdiction over it in all lawsuits between the parties and/or their affiliates, irrevocably submits to the jurisdiction of these courts, and irrevocably waives any defense based upon lack of personal jurisdiction in any lawsuit filed in these courts: (a) all courts included within the state court system of the State of Ohio; and (b) all courts of the United States of America sitting within the State of Ohio, including, without limitation, all United States District Courts within the State of Ohio.
Each party agrees that venue shall be proper in any of the following courts in all lawsuits between the parties and/or their affiliates and irrevocably waives any right to transfer or change the venue in any lawsuit filed in these courts: (a) the state court of the county where Franchisor has its principal place of business (presently Hamilton County, Ohio); and (b) the United States District Court for the Southern District of Ohio, Western Division.
If any of these courts are abolished, venue shall be proper in the state or federal court in Ohio that most closely approximates the subject matter jurisdiction of the abolished court as well as any of these courts that are not abolished.
All lawsuits filed by either party or its affiliate against the other or its affiliate (whether or not in breach of the arbitration provisions of this agreement) must be filed exclusively in one of these courts, except that claims for injunctive relief may be brought where the defendant is located.
These exclusive choice of jurisdiction and venue provisions shall not restrict the ability of the parties to confirm or enforce arbitration awards in any appropriate jurisdiction.
In all lawsuits between the parties and/or their affiliates, Franchisee and its Principals consent to be served with process outside the State of Ohio in the same manner that service may be made within the State of Ohio by any person authorized to make service by the laws of the
Source: Item 20 — OUTLETS AND FRANCHISEE INFORMATION (FDD pages 41–49)
What This Means (2025 FDD)
According to Caring Transitions' 2025 Franchise Disclosure Document, lawsuits between Caring Transitions and its franchisees must be litigated in specific courts within Ohio. Each party consents to personal jurisdiction in Ohio's state court system and all U.S. District Courts within Ohio.
Specifically, venue is proper in the state court of Hamilton County, Ohio, where Caring Transitions has its principal place of business, and the United States District Court for the Southern District of Ohio, Western Division. Both Caring Transitions and the franchisee waive any right to transfer or change the venue in lawsuits filed in these courts.
The FDD stipulates that all lawsuits filed by either party against the other must be filed exclusively in one of these courts, except for claims for injunctive relief, which may be brought where the defendant is located. These provisions do not restrict the parties' ability to confirm or enforce arbitration awards in any appropriate jurisdiction. Franchisees consent to be served with process outside the State of Ohio in the same manner that service may be made within the State of Ohio.