exception

Besides Texas state law, what other law might govern the Cicis franchise agreement?

Cicis Franchise · 2025 FDD

Answer from 2025 FDD Document

Except to the extent governed by the United States Trademark Act of 1946 (Lanham Act, 15 U.S.C. Sections 1051 et seq.), or other United States federal law, this Agreement, the franchise and all claims arising from the relationship between us and you will be governed by the laws of the State of Texas, without regard to its conflict of laws rules, except that any state law regulating the offer or sale of franchises or governing the relationship of a franchisor and its franchisee will not apply unless its jurisdictional requirements are met independently without reference to this Section.

Source: Item 23 — RECEIPTS (FDD pages 65–263)

What This Means (2025 FDD)

According to the 2025 Cicis Franchise Disclosure Document, the franchise agreement, and all claims arising from the relationship between Cicis and the franchisee, will be governed by the laws of the State of Texas. However, an exception exists for matters governed by the United States Trademark Act of 1946 (Lanham Act, 15 U.S.C. Sections 1051 et seq.), or other United States federal law. In those cases, federal law will take precedence.

This means that while Texas law generally applies to the Cicis franchise agreement, federal law, specifically the Lanham Act or other federal laws, will govern trademark-related issues and other matters falling under federal jurisdiction. The FDD also notes that any state law regulating the offer or sale of franchises or governing the relationship of a franchisor and its franchisee will not apply unless its jurisdictional requirements are met independently without reference to this Section.

For a prospective Cicis franchisee, this clause clarifies that both state and federal laws can impact the franchise agreement. It is important to understand the interplay between these laws, particularly regarding trademarks and other federal matters. Franchisees should consult with legal counsel to fully understand their rights and obligations under both Texas and federal law.

Disclaimer: This information is extracted from the 2025 Franchise Disclosure Document and is provided for research purposes only. It does not constitute legal or financial advice. Consult with a franchise attorney before making any investment decisions.