Which section of the Circle K Branding Agreement specifies the choice of 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). |
| 43 of Motor Fuel | ||
| Agreement; Section | ||
| 12(e) of Branding | ||
| Agreement |
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 choice of law for the Branding Agreement is specified in Section 20.5 and Section 12(d). Arizona law applies, but this is subject to state law. This means that the Branding Agreement will be interpreted and enforced primarily under Arizona law, unless state law dictates otherwise.
For a prospective Circle K franchisee, this is important because it determines which state's laws will govern the agreement. Franchisees should be aware of the implications of Arizona law, especially if they are located in a different state. This could affect how disputes are resolved and what rights and obligations the franchisee has under the agreement.
It is common for franchise agreements to specify a choice of law, as this provides clarity and predictability in the event of a dispute. Franchisees should consult with an attorney to understand the specific implications of the chosen state's laws and how they may differ from the laws of their own state.