Where must all mediation, arbitration, and litigation proceedings involving Casiola be conducted?
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 19 — FINANCIAL PERFORMANCE REPRESENTATIONS (FDD pages 39–45)
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. If appropriate, proceedings may occur in the United States District Court nearest to Casiola's corporate headquarters at the time the action is filed. This provision 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 legal proceedings will likely take place in Florida, regardless of where the franchisee's business is located. This could create additional expenses for the franchisee, such as travel and legal fees, as they would need to engage legal representation familiar with Florida law and potentially travel to Florida for hearings or trials.
It is common for franchise agreements to specify a particular jurisdiction for dispute resolution, often the location of the franchisor's headquarters. This clause ensures that Casiola can manage legal disputes in a location convenient for them. However, franchisees should be aware of this requirement and consider the potential costs and logistical challenges it may present if a dispute arises.