Does the Cinnaholic franchise agreement's governing law provision consider conflicts of laws?
Cinnaholic Franchise · 2025 FDDAnswer from 2025 FDD Document
This General Release shall be governed by and construed in accordance with the laws of the State of Georgia without regard to its conflicts of law provisions.
Source: Item 22 — CONTRACTS (FDD pages 61–62)
What This Means (2025 FDD)
According to Cinnaholic's 2025 Franchise Disclosure Document, the General Release associated with the franchise agreement is governed by Georgia law. Specifically, the agreement is to be construed in accordance with the laws of Georgia without regard to its conflicts of law provisions.
For a Cinnaholic franchisee, this means that any legal disputes related to the General Release will be interpreted under Georgia law, regardless of any potential conflicts with the laws of the franchisee's state. The conflicts of law provisions typically determine which state's laws apply when there are inconsistencies between different jurisdictions.
By excluding consideration of conflicts of law, Cinnaholic ensures that Georgia law will be applied uniformly, which provides the franchisor with predictability in legal matters. However, this could mean that a franchisee may be subject to laws that are less favorable to them than the laws of their own state. Franchisees should consult with a legal professional to understand the implications of this governing law provision.