What is the governing law for the Checkers franchise agreement?
Checkers Franchise · 2025 FDDAnswer from 2025 FDD Document
DA, BY CERTIFIED MAIL OR ANY OTHER MEANS PERMITTED BY LAW ADDRESSED TO YOU AT THE ADDRESS SET FORTH HEREIN. NONETHELESS. FRANCHISEE AND FRANCHISEE'S OWNERS AGREE THAT FRANCHISOR MAY ENFORCE THIS AGREEMENT AND ANY ARBITRATION ORDERS AND
AWARDS IN THE COURTS OF THE STATE OR STATES IN WHICH FRANCHISEE IS DOMICILED OR THE FRANCHISED BUSINESS IS LOCATED.
18.08 Governing Law. This Agreement and any dispute, claim, or matter arising out of or relating in any way to the relationship between the parties (whether based in contract, tort, statute or otherwise and regardless of the relief sought) shall be construed under the laws of the State of Florida, provided the foregoing shall not constitute a waiver of any of your rights under any applicable franchise law of another state that does not conflict with Florida law. In the event of any conflict of law, Florida law will prevail, without regard to its conflict of law principles. However, if any provision of this Agreement would not be enforceable under Florida law, and if the Franchised Restaurant is located outside of Florida and such provision would be enforceable under the laws of the state in which the Franchised Restaurant is located, then such provision shall be construed under the laws of that state. Nothing in this Section is intended to subject this Agreement to any franchise or similar law, rule or regulation of the State of Florida to which it otherwise would not be subject.
18.09 Successors and Assigns. This Agreement is binding on the parties hereto and their respective executors, administrators, heirs, assigns and successors in interest.
Source: Item 22 — CONTRACTS (FDD pages 91–92)
What This Means (2025 FDD)
According to Checkers' 2025 Franchise Disclosure Document, the franchise agreement and any disputes will be construed under the laws of Florida. This applies regardless of whether the issue is based in contract, tort, or statute. However, this does not waive any of the franchisee's rights under applicable franchise law of another state if it does not conflict with Florida law. In the event of any conflict of law, Florida law will prevail, without regard to its conflict of law principles.
However, if any provision of the Checkers franchise agreement would not be enforceable under Florida law, and if the franchised restaurant is located outside of Florida and such provision would be enforceable under the laws of the state in which the franchised restaurant is located, then such provision shall be construed under the laws of that state.
Notably, an Illinois Rider to the Development Agreement states that Illinois law will govern the agreement, despite the provision in Section 18.08. This rider also voids any condition that requires a person acquiring a franchise to waive compliance with the Illinois Franchise Disclosure Act or any other law of Illinois.