Does the Casiola franchisee waive any objection to jurisdiction or venue in Florida?
Casiola Franchise · 2024 FDDAnswer from 2024 FDD Document
- (b) Consent to Jurisdiction and Venue – You agree that any judicial action or legal proceeding must be brought in a court of competent jurisdiction located within Florida State and within Orange County or the county closest to Orange County. You do hereby irrevocably consent to and waive any objection to such jurisdiction or venue. Without limitation to the foregoing and notwithstanding same, you agree that we, at our election, may bring any legal action or proceeding seeking a temporary restraining order, preliminary injunction, or any action seeking our enforcement of an arbitration award or any judicial decision in the federal or state court located in the county and state where you reside.
Source: Item 23 — RECEIPTS (FDD pages 47–209)
What This Means (2024 FDD)
According to Casiola's 2024 Franchise Disclosure Document, franchisees agree that any judicial action or legal proceeding must occur in a court within Florida State, specifically in Orange County or the closest county. The franchisee irrevocably consents to this jurisdiction and waives any objection to it.
However, Casiola retains the right to initiate legal action, at its discretion, seeking a temporary restraining order, preliminary injunction, or enforcement of an arbitration award or judicial decision in the federal or state court located in the franchisee's county and state of residence. This clause ensures that while general legal proceedings are preferred to be in Florida, Casiola can pursue specific legal actions in the franchisee's local jurisdiction.
This requirement for franchisees to consent to jurisdiction and venue in Florida is fairly common in franchising, as it allows the franchisor to manage legal disputes in a consistent and familiar legal environment. However, the franchisee should consider the potential costs and inconveniences of litigating or arbitrating disputes in Florida, regardless of their location. The franchisee should seek legal counsel to fully understand the implications of this clause.