Under what 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.
- a. If we pursue legal remedies against you because you have breached this Agreement and prevail against you, you agree to pay our reasonable attorneys' fees and costs in doing so.
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. This means that any legal disputes arising from the franchise agreement will be interpreted and enforced according to Delaware law. Additionally, any legal proceedings related to the agreement will be under the jurisdiction of the courts in Delaware.
This is a common practice in franchising, as many franchisors choose a specific state's laws to govern their agreements for consistency and predictability. Delaware is a popular choice due to its well-established corporate law and court system. However, it's important for a prospective Crepe De Licious franchisee to understand that they may have to travel to Delaware for any legal proceedings, which could increase costs.
Furthermore, the franchise agreement specifies that if Crepe De Licious pursues legal action against a franchisee for breaching the agreement and wins, the franchisee is responsible for covering Crepe De Licious's reasonable attorney fees and associated costs. This provision highlights the importance of adhering to the terms of the franchise agreement to avoid potential legal and financial repercussions.