What is the focus of Section 9 of the Cicis Area Development Agreement?
Cicis Franchise · 2025 FDDAnswer from 2025 FDD Document
9. ENFORCEMENT.
A. JURISDICTION AND VENUE.
You and we agree that all claims, controversies, or disputes arising under this Agreement will be resolved in the state or federal district courts located in the state, county, or judicial district where our or our successor's or assign's corporate headquarters are located at the time litigation is filed (currently, Dallas, Texas). You consent, and hereby waive all objections, to the jurisdiction of and venue in such courts. Notwithstanding the foregoing, we have the right and option to bring any action (1) for monies owed, (2) for injunctive or other extraordinary relief, or (3) involving possession or disposition of, or other relief relating to, real property, in any state or federal district court which would also have jurisdiction in the absence of this provision or which developer deems appropriate to obtain the relief sought. You acknowledge and agree that the foregoing agreements regarding applicable state law and forum provide each of the parties with the mutual benefit of uniform interpretation of this Agreement and any dispute arising out of this Agreement or the parties' relationship created by this Agreement. You further acknowledge the receipt and sufficiency of mutual consideration for such benefit.
B. GOVERNING LAW.
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.
C. WAIVER OF PUNITIVE DAMAGES AND JURY TRIAL.
Except for your obligation to indemnify us for third party claims under Section 8.B, we and you (and your owners) waive to the fullest extent permitted by law any right to or claim for
Source: Item 23 — RECEIPTS (FDD pages 65–263)
What This Means (2025 FDD)
According to the 2025 Cicis Franchise Disclosure Document, Section 9 of the Area Development Agreement pertains to the enforcement of the agreement, including stipulations regarding jurisdiction, venue, governing law, and waivers of certain damages.
Specifically, all claims or disputes arising under the Area Development Agreement will be resolved in state or federal courts located in the state, county, or judicial district where Cicis's corporate headquarters are located at the time the litigation is filed, which is currently Dallas, Texas. The document states that the developer consents to the jurisdiction and waives all objections to the venue in those courts. However, Cicis retains the right to bring actions for monies owed, injunctive relief, or matters relating to real property in any state or federal district court that would have jurisdiction.
The Area Development Agreement is governed by the laws of Texas, excluding its conflict of laws rules, except where federal law such as the United States Trademark Act applies. State laws regulating franchise offers, sales, or franchisor-franchisee relationships will only apply if their jurisdictional requirements are met independently. Furthermore, both Cicis and the developer waive any right to punitive damages and jury trials, except for the developer's obligation to indemnify Cicis for third-party claims.