In what Michigan county is the exclusive jurisdiction and venue for legal actions involving Cool Binz?
Cool_Binz Franchise · 2025 FDDAnswer from 2025 FDD Document
The parties expressly agree to the exclusive jurisdiction and venue of any court of general jurisdiction in Washtenaw County, Michigan or the United States District Court for the Eastern District of Michigan.
You acknowledge that this Agreement has been entered into in the State of Michigan, and that you are to receive valuable and continuing services emanating from our headquarters in Ann Arbor, Michigan, including but not limited to training, assistance, support and the development of the System.
In recognition of such services and their origin, you hereby irrevocably consent to the personal jurisdiction of the state and federal courts of the State of Michigan as set forth above and waive any objection you may have to either the jurisdiction or venue in such court.
In the event that you file an action in any forum or jurisdiction in violation of this Section 15.F.3, you shall pay our costs and fees, including our reasonable attorneys' fees, in connection with any efforts to order the dispute to the proper forum or jurisdiction.
Source: Item 23 — RECEIPTS (FDD pages 63–238)
What This Means (2025 FDD)
According to Cool Binz's 2025 Franchise Disclosure Document, the parties involved in the franchise agreement expressly consent to the exclusive jurisdiction and venue of courts in Washtenaw County, Michigan, for any legal actions. This means that if Cool Binz or the franchisee initiates a lawsuit related to the franchise agreement, the case must be heard in either a court of general jurisdiction in Washtenaw County or the United States District Court for the Eastern District of Michigan.
This selection of venue is reinforced by the franchisee's acknowledgement that the franchise agreement is entered into in Michigan and that they will receive ongoing services from Cool Binz's headquarters in Ann Arbor, Michigan. The franchisee also irrevocably consents to the personal jurisdiction of Michigan's state and federal courts and waives any objections to jurisdiction or venue in these courts.
Furthermore, the FDD states that if a franchisee files an action in any other location, violating this venue selection, they will be responsible for covering Cool Binz's costs and fees, including reasonable attorney's fees, incurred in transferring the dispute to the correct jurisdiction. This provision is designed to ensure that all legal disputes are resolved in the specified Michigan courts, providing Cool Binz with a consistent and predictable legal environment.