If Churchs Chicken sues me, where is the choice of forum for the lawsuit?
Churchs_Chicken Franchise · 2025 FDDAnswer from 2025 FDD Document
| Provision | Section in Development Agreement | Summary |
|---|---|---|
| v. Choice of Forum | §23 | Subject to state law, if you sue us, you must do so where our principal office is located (currently, Atlanta, Georgia). If we sue you, we may do so there as well. |
| w. Choice of Law | §23 | Subject to state law, Georgia law applies. |
Source: Item 17 — RENEWAL, TERMINATION, TRANSFER AND DISPUTE RESOLUTION (FDD pages 50–55)
What This Means (2025 FDD)
According to Churchs Chicken's 2025 Franchise Disclosure Document, the choice of forum for lawsuits is outlined in Section 23 of the Development Agreement. Generally, if a franchisee sues Churchs Chicken, they must do so where Churchs Chicken’s principal office is located, which is currently in Atlanta, Georgia. Conversely, if Churchs Chicken sues a franchisee, they have the option to pursue the lawsuit in the same location, Atlanta, Georgia. However, this is subject to state law.
For franchisees in Illinois, the FDD includes a specific addendum. It states that any provision in the franchise agreement that designates jurisdiction or venue in a forum outside of Illinois is void with respect to any cause of action that is otherwise enforceable in Illinois. This means that if an Illinois franchisee has a cause of action enforceable in Illinois, they cannot be forced to litigate outside of Illinois, regardless of what the standard Development Agreement says.
Similarly, for franchisees in Rhode Island, the Rhode Island Franchise Investment Act stipulates that any provision in a franchise agreement restricting jurisdiction or venue to a forum outside of Rhode Island, or requiring the application of the laws of another state, is void with respect to a claim otherwise enforceable under that Act. Therefore, a Rhode Island franchisee cannot be compelled to litigate outside of Rhode Island for claims enforceable under the Rhode Island Franchise Investment Act.