Is the choice of law for Casiola subject to state law?
Casiola Franchise · 2024 FDDAnswer from 2024 FDD Document
| v. Choice of forum | 18.G. | All mediation, arbitration and, if applicable, litigation proceedings |
|---|---|---|
| must be conducted in, or closest to, State court of general | ||
| jurisdiction that is within or closest to Orange County, Florida or, | ||
| if appropriate, the United States District Court nearest to our | ||
| corporate headquarters at the time such action is filed. This | ||
| provision is subject to applicable state law. | ||
| w. Choice of law | 18.F. | Florida law will govern. However, this provision is subject to state |
| law and as otherwise disclosed in Exhibit I to this Disclosure | ||
| Document. |
Source: Item 17 — RENEWAL, TERMINATION, TRANSFER AND DISPUTE RESOLUTION (FDD pages 35–39)
What This Means (2024 FDD)
According to Casiola's 2024 Franchise Disclosure Document, the franchise agreement is governed by Florida law. However, this is subject to state law. The FDD also indicates that further details regarding this provision can be found in Exhibit I of the document.
This means that while Casiola specifies Florida law as the primary governing law, state laws in the franchisee's location may also apply and potentially override certain aspects of the agreement. This is a fairly common practice in franchising, as state laws often regulate franchise relationships to protect franchisees.
A prospective Casiola franchisee should carefully review Exhibit I of the FDD and consult with a legal professional to understand how the interplay between Florida law and their local state laws might affect their rights and obligations under the franchise agreement. This is especially important in areas such as dispute resolution, termination rights, and non-compete clauses, where state laws can vary significantly.