Does the Cicis Franchise Agreement state that the franchisee acknowledges receipt and sufficiency of mutual consideration for the agreement regarding applicable state law and forum?
Cicis Franchise · 2025 FDDAnswer from 2025 FDD Document
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.
Source: Item 23 — RECEIPTS (FDD pages 65–263)
What This Means (2025 FDD)
According to Cicis's 2025 Franchise Disclosure Document, the Franchise Agreement states that the franchisee acknowledges the receipt and sufficiency of mutual consideration regarding the applicable state law and forum. Specifically, the franchisee agrees that the stipulations regarding state law and the designated forum offer a mutual benefit to both parties, ensuring a consistent interpretation of the agreement. This acknowledgment confirms that both Cicis and the franchisee have received adequate consideration, meaning something of value, in exchange for agreeing to the terms related to legal jurisdiction and venue.
This provision is important because it reinforces the enforceability of the jurisdiction and venue clauses within the Franchise Agreement. By acknowledging the mutual benefit and sufficiency of consideration, a franchisee is less likely to successfully challenge these clauses in court. This can save both Cicis and the franchisee time and money in the event of a legal dispute, as the case will be heard in the agreed-upon location and under the specified state law.
For a prospective franchisee, this means understanding and agreeing to the legal implications of the franchise agreement, particularly concerning where disputes will be resolved and which laws will govern the agreement. It is advisable for franchisees to seek legal counsel to fully understand these terms and their potential impact before signing the agreement. This acknowledgement is a standard legal practice to ensure both parties are aware of and agree to the terms, reducing the likelihood of future legal challenges based on lack of understanding or agreement.