Where must any legal suit, action, or proceeding against Crave Cookies be instituted?
Crave_Cookies Franchise · 2025 FDDAnswer from 2025 FDD Document
rters. If either party chooses to file a legal proceeding, as provided below, the mediator will be disqualified as a witness, consultant, expert, or counsel for either party for the matter in dispute and any related matters. If Franchisee and Crave Cookies Franchising agree not to participate in mediation, then the matter may proceed to a legal suit as provided below.
- (iii) Legal Proceeding. If the mediation has not resolved the matter successfully, or mediation is waived, either Franchisee or Crave Cookies Franchising may institute a legal suit, action, or proceeding, exclusively in the city and state of Crave Cookies Franchising's then-current headquarters, against the other party to enforce this Agreement or obtain any other remedy regarding any breach of this Agreement. The prevailing party in the suit, action, or proceeding is entitled to receive, and the non-prevailing party shall pay, in addition to all other remedies to which the prevailing party may be entitled, the costs and expenses incurred by the prevailing party in conducting the suit, action, or proceeding, including attorneys' fees and expenses and court costs, even if not recoverable by law, including, but not limited to, all fees, taxes, costs, and expenses incident to appellate and post-judgment proceedings.
- (b) Exceptions to Mediation. Franchisee agrees that nothing in this Agreement requires Crave Cookies Franchising to mediate disputes related to any of the following: (1) the validity of Marks, trademarks, service marks, or other Intellectual Property; (2) rights to obtain a writ of attachment or other prejudgment remedies;
Source: Item 22 — CONTRACTS (FDD page 47)
What This Means (2025 FDD)
According to the 2025 Crave Cookies Franchise Disclosure Document, any legal suit, action, or proceeding must be instituted in the city and state of Crave Cookies Franchising's then-current headquarters. The FDD specifies that if mediation does not resolve a matter or is waived, either the franchisee or Crave Cookies may start a legal suit, action, or proceeding against the other party.
Additionally, the document states that any dispute and legal proceeding will be brought in the United States District Court where Crave Cookies Franchising's headquarters is located. If there is no federal jurisdiction over the dispute, the legal proceeding will occur in the court of record of the state and county where Crave Cookies Franchising's headquarters is located. Each party consents to the jurisdiction of such courts and waives any objection to the venue in these courts.
This clause is important for prospective franchisees to consider, as it means they may have to travel to Crave Cookies's headquarters to resolve any legal disputes. This could result in significant travel and legal expenses, depending on where the franchisee's business is located. Franchisees should factor these potential costs into their decision when evaluating the Crave Cookies franchise opportunity.