Where must all claims be brought according to the Deka Lash franchise agreement?
Deka_Lash Franchise · 2024 FDDAnswer from 2024 FDD Document
| Provision | Section In Franchise Agreement | Summary |
|---|---|---|
| v. Choice of forum | 19.2 | All claims must be brought in Pittsburgh, Pennsylvania (subject to applicable state law). |
Source: Item 17 — RENEWAL, TERMINATION, TRANSFER AND DISPUTE RESOLUTION (FDD pages 49–54)
What This Means (2024 FDD)
According to the 2024 Deka Lash Franchise Disclosure Document, all claims must be brought in Pittsburgh, Pennsylvania. This is specified under the "Choice of forum" provision in Section 19.2 of the franchise agreement. However, this is subject to applicable state law, meaning that depending on the franchisee's location, there might be legal exceptions or stipulations that could modify this requirement.
This requirement means that any legal disputes arising between a Deka Lash franchisee and the franchisor, regardless of where the franchise is located, must be pursued in the courts or arbitration facilities within Pittsburgh, Pennsylvania. This could involve considerable travel expenses and the inconvenience of dealing with legal proceedings far from the franchisee's home and business.
Choice of forum clauses are relatively common in franchise agreements, as they allow the franchisor to manage legal disputes in a location familiar and convenient for them. However, franchisees should be aware of this requirement and consider the potential costs and challenges associated with it. It is advisable for prospective franchisees to seek legal counsel to understand the implications of this clause fully and how it interacts with the laws of their specific state.