Does the Degree Wellness agreement specify that the venue provision applies to actions that are required to be arbitrated?
Degree_Wellness Franchise · 2025 FDDAnswer from 2025 FDD Document
ed States Arbitration Act (9 U.S.C. § 1 et seq.) and the federal common law relating to arbitration, this Agreement and the Franchise will be governed by the internal laws of the State of Florida (without reference to its choice of law and conflict of law rules), except that the provisions of any Florida law relating to the offer and sale of business opportunities or franchises or governing the relationship of a franchisor and its franchisees will not apply unless their jurisdictional requi
Source: Item 23 — Receipts (FDD pages 66–257)
What This Means (2025 FDD)
According to Degree Wellness's 2025 Franchise Disclosure Document, the venue for any action arising out of or relating to the Franchise Agreement, which is not required to be arbitrated, will be in any state or federal court of general jurisdiction in Duvall County, Florida, unless otherwise mutually agreed upon in writing by both parties. The document specifies that the franchisee irrevocably submits to the jurisdiction of such courts and waives any objection to the jurisdiction or venue of such court.
This means that if a dispute arises that is not subject to arbitration, Degree Wellness franchisees may be required to litigate in Duvall County, Florida, regardless of where their franchise is located. This could create additional costs and logistical challenges for franchisees who do not reside in Florida.
However, the Degree Wellness Franchise Agreement specifies that all issues relating to arbitrability or the enforcement or interpretation of the agreement to arbitrate will be governed by the United States Arbitration Act and the federal common law relating to arbitration.