Under which state's laws will the Crepe De Licious agreement be interpreted and construed?
Crepe_De_Licious Franchise · 2025 FDDAnswer from 2025 FDD Document
- b. This Agreement will be governed by, construed, and enforced under the laws of Delaware, and the courts in that state shall have jurisdiction over any legal proceedings arising out of this Agreement.
Unless specifically stated otherwise, the terms used in this Guarantee shall have the same meaning as in the Agreement, and shall be interpreted and construed in accordance with the Agreement. This Guarantee shall be interpreted and construed under the laws of the State of Delaware. In the event of any conflict of law, the laws of the State of Delaware shall prevail (without regard to, and without giving effect to, the application of Delaware conflict of law rules).
Source: Item 22 — CONTRACTS (FDD page 57)
What This Means (2025 FDD)
According to the 2025 Crepe De Licious Franchise Disclosure Document, the franchise agreement will be governed by the laws of Delaware. Specifically, any interpretation, construction, and enforcement of the agreement will fall under Delaware law, and legal proceedings related to the agreement will be under the jurisdiction of Delaware courts.
This means that if there are disputes regarding the franchise agreement, the laws of Delaware will be used to resolve them. This is important for a prospective franchisee to understand, as they may need to familiarize themselves with Delaware law or seek legal counsel familiar with Delaware law if a dispute arises.
Furthermore, the Crepe De Licious Guarantee agreement also specifies that it will be interpreted and construed under the laws of the State of Delaware, and in the event of any conflict of law, the laws of the State of Delaware shall prevail.