Are there any exceptions to the choice of law governing the Deer Solution franchise agreement?
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 based on state law and as disclosed in Exhibit H of the Disclosure Document. This means that while New Jersey law typically applies, certain state-specific laws or details outlined in Exhibit H could override or modify this.
For a prospective Deer Solution franchisee, this implies that the legal framework governing their franchise may not be solely based on New Jersey law. They need to carefully review Exhibit H to understand any specific exceptions or modifications that may apply in their state or situation. This is crucial for understanding their rights and obligations under the franchise agreement.
It is common in franchising for choice of law provisions to have exceptions to account for varying state laws, especially those related to franchise registration, termination, and enforcement. Therefore, prospective Deer Solution franchisees should consult with a legal professional to fully understand the implications of the choice of law provision and any exceptions that may apply to them.