Is the choice of forum for Deer Solution disputes subject to applicable state law?
Deer_Solution Franchise · 2025 FDDAnswer from 2025 FDD Document
| u. Dispute resolution by arbitration or mediation | 18.G. | Except for certain claims for injunctive relief, all disputes must first be submitted to non-binding mediation in Morris County, New Jersey and, if mediation is unsuccessful, then to binding arbitration in Morris County, New Jersey. This provision is subject to applicable state law. |
|---|---|---|
| V. Choice of forum | 18.G. | All mediation, arbitration and, if applicable, litigation |
| proceedings must be conducted in, or closest to, State court | ||
| of general jurisdiction that is within or closest to Morris | ||
| County, New Jersey or, if appropriate, the United States | ||
| District Court nearest to our corporate headquarters at the | ||
| time such action is filed. This provision is subject to | ||
| applicable state law. |
Source: Item 17 — RENEWAL, TERMINATION, TRANSFER AND DISPUTE RESOLUTION (FDD pages 40–45)
What This Means (2025 FDD)
According to Deer Solution's 2025 Franchise Disclosure Document, the choice of forum for dispute resolution is subject to applicable state law. Specifically, all mediation, arbitration, and litigation proceedings must occur in the state court of general jurisdiction closest to Morris County, New Jersey, or the nearest United States District Court to Deer Solution's corporate headquarters. However, this is contingent upon applicable state law.
This means that while Deer Solution designates New Jersey as the primary location for legal proceedings, state laws could potentially override this provision. For a prospective franchisee, this implies that the enforceability of the forum selection clause might vary depending on the franchisee's location and the specific state laws governing franchise agreements.
It is important for potential Deer Solution franchisees to consult with a legal professional to understand how their state's laws might affect the enforceability of the forum selection clause. This will help them assess the potential costs and inconveniences associated with traveling to New Jersey for dispute resolution, or the possibility of litigating closer to home if state law allows.