What sections of the City Publications Franchise Agreement require litigation or arbitration to be conducted in the State of Georgia?
City_Publications Franchise · 2025 FDDAnswer from 2025 FDD Document
erence to this Section. All matters relating to arbitration are governed by the Federal Arbitration Act. References to any law or regulation refer also to any successor laws or regulations or any published regulations for any statute as in effect at the relevant time. References to a governmental agency also refer to any successor regulatory body that succeeds the function of such agency.
B. Jurisdiction & Venue
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.
C. Cumulative Rights Remedies
No right or remedy conferred upon or reserved to Franchisor or Franchisee by this Agreement is intended to be, nor shall be deemed, exclusive of any other right or remedy herein or by law or equity provided or permitted, but each shall be in addition to every other right or remedy. Nothing herein contained shall bar Franchisor's right to seek injunctive relief against threatened conduct that shall cause it loss or damages including obtaining restraining orders, preliminary and permanent injunctions.
**D.
Source: Item 23 — RECEIPT (FDD pages 39–129)
What This Means (2025 FDD)
According to City Publications' 2025 Franchise Disclosure Document, Section 24B of the Franchise Agreement dictates that any action, excluding those seeking injunctive relief or required to be submitted to arbitration, must be initiated in either the state court in Cobb County, Georgia, or the United States District Court for the Northern District of Georgia, Atlanta Division, located in Atlanta. The franchisee consents to this jurisdiction and waives any objections to personal jurisdiction or venue, with the exception that City Publications can pursue claims for injunctive relief where the franchisee is located.
Furthermore, the FDD states that all disputes, except those concerning the ownership of City Publications' marks or unauthorized use of confidential information, will be settled through binding arbitration in Cobb County, Georgia, following the Commercial Arbitration Rules of the American Arbitration Association. The proceedings will be conducted by a single arbitrator, and the arbitrator's decision is final and binding. The parties also submit to the personal jurisdiction of federal and state courts in Georgia.
For prospective franchisees, this means that unless the claim involves injunctive relief, disputes will likely need to be resolved in Georgia, which could increase legal costs for franchisees located outside of Georgia. It is important to note that the California Franchise Investment Law and the Maryland Franchise Registration and Disclosure Law may supersede the Georgia venue selection for franchisees in those states.