Where will litigation for Casiola be conducted if not in Orange County, Florida?
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, any litigation proceedings must occur in the state court of general jurisdiction within or closest to Orange County, Florida. If appropriate, litigation may occur in the United States District Court nearest to Casiola's corporate headquarters at the time the action is filed. However, this provision is subject to applicable state law.
This means that as a Casiola franchisee, if you have a legal dispute with the franchisor that escalates to litigation, you will likely need to pursue the matter in Florida, specifically in or near Orange County, or in the closest United States District Court. This could involve significant travel and legal expenses, especially if you are located far from Florida.
The FDD also states that Florida law will govern the franchise agreement, subject to state law and disclosures in Exhibit I. Therefore, understanding Florida law is crucial for any prospective Casiola franchisee. Franchisees should consult with a legal professional to fully understand the implications of these clauses and how they might affect their rights and obligations under the franchise agreement.