Where must all mediation, arbitration, and litigation proceedings be conducted for Casiola?
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. |
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, all mediation, arbitration, and litigation proceedings must occur in a state court of general jurisdiction within or closest to Orange County, Florida. Alternatively, if appropriate, proceedings may take place in the United States District Court nearest to Casiola's corporate headquarters at the time the action is filed. This is subject to applicable state law.
This means that if a franchisee has a dispute with Casiola that escalates to mediation, arbitration, or litigation, the franchisee will likely need to travel to Florida to resolve the issue. This could significantly increase the franchisee's legal costs due to travel expenses, local attorney fees, and the inconvenience of being away from their business and home.
It is important for prospective Casiola franchisees to consider this forum selection clause carefully. They should evaluate the potential costs and burdens of litigating a dispute in Florida versus their home state. Franchisees may want to consult with an attorney to understand their rights and options under the franchise agreement, particularly concerning dispute resolution and choice of law.