Does the franchisee agree not to claim that the chosen venue is improper or inappropriate for any legal proceedings related to the Checkersrallys franchise agreement?
Checkersrallys Franchise · 2025 FDDAnswer from 2025 FDD Document
I, FRANCHISEE AND FRANCHISOR IRREVOCABLY WAIVE TRIAL BY JURY IN ANY ACTION, PROCEEDING, OR COUNTERCLAIM, WHETHER AT LAW OR IN EQUITY, BROUGHT BY ME, FRANCHISEE OR FRANCHISOR. I hereby waive and covenant never to assert or claim that said venue is for any reason improper, inconvenient, prejudicial or otherwise inappropriate (including, without limitation, any claim under the judicial doctrine of forum non conveniens).
Source: Item 22 — CONTRACTS (FDD pages 91–92)
What This Means (2025 FDD)
According to Checkersrallys's 2025 Franchise Disclosure Document, franchisees agree to waive any claims that a chosen venue is improper, inconvenient, prejudicial, or otherwise inappropriate for legal proceedings. Specifically, franchisees waive the right to claim the venue is inappropriate under the judicial doctrine of forum non conveniens. This means a franchisee cannot argue that a different court would be more suitable or convenient to hear the case.
The FDD states that any litigation arising from the franchise agreement will be instituted exclusively in the U.S. District Court sitting nearest to Checkersrallys's corporate headquarters, which is currently in Tampa, Florida. Franchisees agree that any dispute regarding the venue will be resolved exclusively by that court. However, Checkersrallys retains the right to enforce the agreement and any awards in the courts of the state where the franchisee is domiciled or where the franchised restaurant is located.
This clause is significant because it limits a franchisee's ability to choose a legal venue that might be more favorable to them. By agreeing to this, franchisees accept that disputes will be resolved in a specific location, potentially increasing their travel costs and requiring them to hire legal representation familiar with Florida law. While Checkersrallys can still pursue legal action in the franchisee's home state, the franchisee is bound to the Florida venue for initial litigation. This is a common practice in franchising, where franchisors often seek to centralize legal proceedings in their home jurisdiction.