factual

Where must any judicial action or legal proceeding be brought for a Casiola franchise, subject to mediation and arbitration?

Casiola Franchise · 2024 FDD

Answer from 2024 FDD Document

(3) Consent to Jurisdiction and Venue Subject to the non-binding mediation and arbitration provisions set forth in this Article 18.G., Franchisor and Franchisee agree that any judicial action or legal proceeding must be brought in a court of competent jurisdiction located within Florida and within Orange County or the county closest to Orange County.

Source: Item 23 — RECEIPTS (FDD pages 47–209)

What This Means (2024 FDD)

According to Casiola's 2024 Franchise Disclosure Document, any judicial action or legal proceeding, subject to non-binding mediation and arbitration, must be brought in a court of competent jurisdiction located within Florida and within Orange County or the county closest to Orange County. This applies to disputes between Casiola and a franchisee.

This clause dictates the specific location where a franchisee must pursue legal action against Casiola, or vice versa, provided that mediation and arbitration attempts have not resolved the issue. By requiring that legal proceedings occur in Florida, specifically Orange County or the closest county, Casiola ensures that it will not have to litigate in many different jurisdictions.

For a prospective franchisee, this means that if a dispute arises that cannot be settled through mediation or arbitration, they will likely need to travel to Florida to pursue legal action. This could increase the cost of litigation for franchisees located outside of Florida, as they would need to factor in travel expenses and potentially local counsel fees. Franchisees should consider this when evaluating the potential costs and benefits of investing in a Casiola franchise.

Disclaimer: This information is extracted from the 2024 Franchise Disclosure Document and is provided for research purposes only. It does not constitute legal or financial advice. Consult with a franchise attorney before making any investment decisions.