Where can I find additional information about choice of law exceptions for the Deer Solution franchise?
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 governed by New Jersey law. However, this is subject to exceptions based on state law, as detailed in Exhibit H of the Disclosure Document. Therefore, prospective franchisees should refer to Exhibit H for a comprehensive understanding of any state-specific exceptions to the governing law.
Choice of law provisions are included in franchise agreements to establish which jurisdiction's laws will be used to interpret the agreement and resolve disputes. While Deer Solution generally uses New Jersey law, state laws can vary significantly, and some states may have specific franchise laws that override the general choice of law provision. This ensures that franchisees are protected by the laws of their own state where applicable.
Exhibit H should provide clarity on how these state law exceptions apply, which is crucial for franchisees to understand their rights and obligations under the agreement. It is important to carefully review Exhibit H and consult with a legal professional to fully understand the implications of these choice of law provisions and how they may affect the franchisee's specific situation in their state.