In what courts can a judgment upon the award rendered by the arbitrator be entered for City Publications?
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. This exclusive choice of jurisdiction and venue provisions shall restrict the ability of the parties to confirm or enforce arbitration awards in any appropriate jurisdiction or the full faith and credit of any judgment obtained.
Source: Item 23 — RECEIPT (FDD pages 39–129)
What This Means (2025 FDD)
According to City Publications' 2025 Franchise Disclosure Document, the franchise agreement stipulates that any action, excluding those seeking injunctive relief or those required to be submitted to arbitration, must be initiated 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. This applies to actions brought by either City Publications or the franchisee.
The franchisee agrees to waive any objections to personal jurisdiction or venue to comply with this provision. However, claims for injunctive relief can be brought by City Publications in the area where the franchisee is located, providing City Publications with flexibility in protecting its interests.
It is important to note that this choice of jurisdiction and venue does not restrict the parties' ability to confirm or enforce arbitration awards in any appropriate jurisdiction or the full faith and credit of any judgment obtained. This ensures that arbitration awards and judgments can be recognized and enforced across different jurisdictions, providing a safeguard for both parties. Prospective franchisees should be aware of these venue and jurisdiction requirements as they can impact where legal proceedings related to the franchise agreement may occur.