Where can City Publications bring claims for injunctive relief against a franchisee?
City_Publications Franchise · 2025 FDDAnswer from 2025 FDD Document
Franchisee acknowledges that this Agreement is entered into in Cobb County, Georgia, and that any action, other than an action seeking injunctive relief, sought to be brought by either party, except those claims required to be submitted to arbitration shall be brought in the appropriate state court located in Cobb County, Georgia, or in the United States District Court for the Northern District of Georgia, Atlanta Division, located in Atlanta, Georgia. Franchisee waives all questions of personal jurisdiction or venue for the purposes of carrying out this provision. The exclusive choice of jurisdiction and venue governs except that claims for injunctive relief may be brought by Franchisor where Franchisee is located.
Source: Item 23 — RECEIPT (FDD pages 39–129)
What This Means (2025 FDD)
According to City Publications' 2025 Franchise Disclosure Document, City Publications can bring claims for injunctive relief against a franchisee in two locations. Generally, any action other than one seeking injunctive relief must be brought in the appropriate state court in Cobb County, Georgia, or in the United States District Court for the Northern District of Georgia, Atlanta Division, located in Atlanta, Georgia. However, the FDD states that claims for injunctive relief may be brought by City Publications where the franchisee is located.
This means that City Publications has the option to sue a franchisee for injunctive relief in the state where the franchisee's business is located, rather than being limited to courts in Georgia. Injunctive relief typically involves seeking a court order to compel the franchisee to stop a certain action, such as violating a non-compete agreement or misusing City Publications' trademarks.
The franchisee acknowledges that the agreement was entered into in Cobb County, Georgia, and waives questions of personal jurisdiction or venue, except for injunctive relief claims. This provides City Publications with flexibility in pursuing legal action to protect its interests and brand standards, while potentially increasing legal costs for the franchisee who may have to defend themselves in their own state.