Which state's laws govern adversarial proceedings between the franchisee and Crave Cookies Franchising?
Crave_Cookies Franchise · 2025 FDDAnswer from 2025 FDD Document
- 18.8 Governing Law. The laws of the state of Utah (without giving effect to its principles of conflicts of law) govern all adversarial proceedings between the parties.
The parties agree that any Utah law for the protection of franchisees or business opportunity purchasers will not apply unless its jurisdictional requirements are met independently without reference to this Section 18.8.
Source: Item 22 — CONTRACTS (FDD page 47)
What This Means (2025 FDD)
According to Crave Cookies's 2025 Franchise Disclosure Document, the laws of Utah govern all adversarial proceedings between the parties. Specifically, this applies without considering Utah's principles regarding conflicts of law. This means that if there is a legal dispute between a franchisee and Crave Cookies, Utah law will be used to resolve the issue, regardless of whether another state's laws might otherwise be applicable.
However, the FDD also states that any Utah law designed to protect franchisees or business opportunity purchasers will not apply unless its jurisdictional requirements are met independently, without relying on this specific governing law clause. This suggests that while Utah law generally applies, Crave Cookies aims to ensure that specific protective laws for franchisees only apply if the situation independently meets the criteria for Utah jurisdiction.
This clause is important for prospective franchisees to understand because it dictates the legal framework under which any disputes with Crave Cookies will be resolved. Franchisees should be aware of Utah law and how it may differ from the laws of their own state. It is advisable to consult with a legal professional to fully understand the implications of this governing law provision.