Are there any exceptions to the choice of law provision for Casiola, and if so, where are they disclosed?
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, Florida law governs the franchise agreement. However, this is subject to both applicable state law and any exceptions disclosed in Exhibit I of the FDD.
This means that while Casiola intends for Florida law to generally apply, state laws in the franchisee's location may override certain provisions. Additionally, Exhibit I of the FDD contains further details that may act as exceptions to the choice of law.
A prospective franchisee should carefully review Exhibit I to understand the specific exceptions to the choice of law provision and how they might impact their franchise agreement. It is advisable to seek legal counsel to fully understand the implications of these exceptions in the franchisee's specific state.