What state's law governs Casiola agreements, and where can exceptions be found?
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. |
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, Florida law governs the franchise agreement. However, this is subject to applicable state law. Any exceptions to Florida law are disclosed in Exhibit I of the Franchise Disclosure Document.
This means that while Casiola is based in Florida and generally prefers Florida law to apply, the laws of the state where the franchisee is located may override certain provisions of the franchise agreement. This is common in franchising, as state laws often provide specific protections to franchisees.
A prospective Casiola franchisee should carefully review Exhibit I to understand which state laws might take precedence over Florida law in their specific situation. This could affect various aspects of the franchise agreement, such as termination rights, dispute resolution procedures, and non-compete clauses. Consulting with a legal professional is recommended to fully understand the implications of these choice of law provisions.