Which state's laws govern the Chicken Guy agreement, excluding federal law?
Chicken_Guy Franchise · 2025 FDDAnswer from 2025 FDD Document
Except to the extent governed by the Federal Arbitration Act, the United States Trademark Act of 1946 (Lanham Act, 15 U.S.C.
Sections 1051 et seq.), or other federal law, this Agreement, and any claim or controversy arising out of, or relating to, rights and obligations of the parties under this Agreement, and any other claim or controversy between the parties shall be governed by and construed in accordance with the laws of the State of Florida without regard to conflicts of laws principles.
Nothing in this Section is intended, or shall be deemed, to make any Florida law regulating the offer or sale of franchises or the franchise relationship applicable to this Agreement if such law would not otherwise be applicable.
Source: Item 23 — RECEIPTS (FDD pages 50–286)
What This Means (2025 FDD)
According to Chicken Guy's 2025 Franchise Disclosure Document, the franchise agreement, excluding aspects governed by federal law, is governed by the laws of Florida. Specifically, the laws of Florida will be used to interpret the agreement and resolve any claims or controversies arising from the rights and obligations outlined within it. This excludes conflicts of laws principles.
This means that if there are disputes related to the franchise agreement (excluding those falling under the Federal Arbitration Act or the United States Trademark Act), the legal framework of Florida will be applied. This is important for prospective franchisees to understand, as they may need to familiarize themselves with Florida state laws regarding contracts and business relationships.
However, the FDD also states that nothing in this section is intended to make any Florida law regulating the offer or sale of franchises or the franchise relationship applicable to this Agreement if such law would not otherwise be applicable. This clarifies that while Florida law governs the agreement, it does not extend to franchise-specific regulations unless those regulations would naturally apply. This distinction is crucial for franchisees to understand the scope and limitations of Florida law in relation to their Chicken Guy franchise agreement.