For Cicis, what is the jurisdiction and venue for disputes related to the Guaranty?
Cicis Franchise · 2025 FDDAnswer from 2025 FDD Document
The provisions contained in Section 9 (Enforcement) of the Agreement, including Section 9.A (Jurisdiction and Venue), Section 9.B (Governing Law) and Section 9.E (Costs and Attorneys' Fees) of the Agreement are incorporated into this Guaranty by reference and shall govern this Guaranty and any disputes between the Guarantors and us. The Guarantors shall reimburse us for all costs and expenses we incur in connection with enforcing the terms of this Guaranty.
Source: Item 23 — RECEIPTS (FDD pages 65–263)
What This Means (2025 FDD)
According to Cicis's 2025 Franchise Disclosure Document, the provisions regarding jurisdiction and venue outlined in Section 9 (Enforcement) of the Franchise Agreement, specifically Section 9.A, are incorporated by reference into the Guaranty. This means that the same rules apply to disputes arising under the Guaranty as apply to the Franchise Agreement itself.
Specifically, Cicis and the franchisee agree that any claims, controversies, or disputes will be resolved in state or federal district courts located in the state, county, or judicial district where Cicis's corporate headquarters are located at the time the litigation is filed. Currently, this is Dallas, Texas. The franchisee consents to the jurisdiction and venue in those courts and waives any objections to it.
However, Cicis retains the right to bring actions for monies owed, injunctive or other extraordinary relief, or those involving real property in any state or federal district court that would have jurisdiction in the absence of this provision or which Cicis deems appropriate to obtain the relief sought. This ensures Cicis has flexibility in pursuing legal action depending on the nature of the dispute and where assets are located. The Guarantors are also responsible for reimbursing Cicis for all costs and expenses incurred while enforcing the terms of the Guaranty.