Is the forum for Circle K dispute resolution subject to state law?
Circle_K Franchise · 2025 FDDAnswer from 2025 FDD Document
| Provision | Section in Franchise or other agreement* | Summary |
|---|---|---|
| forum | 42 of Motor Fuel Agreement; Section 12(d) of Branding Agreement | in a state or federal court in the county where our corporate headquarters are located at the time of the dispute (subject to state law). |
| w. Choice of law | Section 20.5; Section | Arizona law applies (subject to state law). |
Source: Item 17 — RENEWAL, TERMINATION, TRANSFER AND DISPUTE RESOLUTION (FDD pages 79–85)
What This Means (2025 FDD)
According to Circle K's 2025 Franchise Disclosure Document, the forum for dispute resolution is subject to state law. Specifically, the FDD indicates that disputes will be resolved in a state or federal court located in the county where Circle K's corporate headquarters are located at the time of the dispute. However, this is explicitly noted to be 'subject to state law.'
This means that while Circle K designates the location of the legal forum, state laws could potentially influence or override this designation. State law might dictate specific procedures, venues, or other considerations that take precedence over the franchise agreement's forum selection clause. Franchisees should be aware that the application of state law could alter how and where disputes are resolved.
Furthermore, the choice of law governing the agreement is also subject to state law, as Arizona law typically applies. This means that while the franchise agreement specifies Arizona law, state law where the franchisee is located could supersede this provision. Prospective franchisees should consult with a legal professional to understand how their local state laws might impact the dispute resolution process and the governing law of their Circle K franchise agreement.