Is the choice of law for the Deer Solution franchise agreement subject to any exceptions?
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. | ||
| w. Choice of law | 18.F. | New Jersey law will govern. However, this provision is |
| subject to state law and as otherwise disclosed in Exhibit H | ||
| to this Disclosure Document. |
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 franchise agreement is generally governed by New Jersey law. However, this is subject to exceptions. The FDD indicates that this provision is subject to state law and as otherwise disclosed in Exhibit H to the Disclosure Document.
This means that while New Jersey law typically applies, there might be instances where the laws of the state in which the franchisee operates take precedence. This could be due to specific state franchise laws or other regulations that conflict with New Jersey law.
Prospective Deer Solution franchisees should carefully review Exhibit H of the FDD and consult with a legal professional to understand the specific circumstances under which state law might override the general application of New Jersey law. Understanding these exceptions is crucial for ensuring compliance and resolving potential disputes.