Is the requirement for mediation, arbitration, and litigation proceedings involving Casiola to be conducted in or near Orange County, Florida subject to any exceptions?
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 19 — FINANCIAL PERFORMANCE REPRESENTATIONS (FDD pages 39–45)
What This Means (2024 FDD)
According to Casiola's 2024 Franchise Disclosure Document, the requirement for mediation, arbitration, and litigation proceedings to be conducted in or near Orange County, Florida is subject to exceptions. Specifically, all such proceedings must occur in the state court of general jurisdiction within or closest to Orange County, Florida, or the United States District Court nearest to Casiola's corporate headquarters at the time the action is filed.
However, this requirement is explicitly "subject to applicable state law." This means that if state law dictates an alternative venue or process, that law would take precedence over Casiola's preferred location.
Additionally, the choice of law provision, which states that Florida law will govern, is also "subject to state law and as otherwise disclosed in Exhibit I" of the FDD. This indicates that there may be further exceptions or clarifications detailed elsewhere in the document that could affect the location of legal proceedings. A prospective franchisee should carefully review Exhibit I and consult with a legal professional to fully understand their rights and obligations regarding dispute resolution.