In Michigan, can Del Taco require arbitration or litigation to be conducted outside of the state?

Question

Accepted Answer

| Provision | Section in the Agreement | Summary |
|---|---|---|
| n. Our right of first refusal to acquire your business | 12.6 | We have an option for 30 days to purchase upon same terms and conditions offered to the third party. |
| o. Our option to purchase your business | 12.6 | We have an option to purchase your business upon the termination or expiration of your Franchise Agreement. |
| p. Your death or disability | 12.7 and 12.8 | We will not withhold consent unreasonably to a transfer to a third party within 6 months, provided the transferee meets our general conditions of transfer. |
| q. Non-competition covenants during the term of the franchise | 10.5 | You cannot use the Del Taco System or any other names, marks, systems, logotypes, symbols or foodstuffs provided by us or an approved supplier in connection with another Restaurant; you cannot operate any “competitive business”, which means a Restaurant or food service business that offers one or more Mexican or similar style menu items, and is operated in a quick service, fast food, or fast casual format. (subject to state law) |
| r. Non-competition | 10.6 | For a period of two years, you cannot operate a |
| covenants after the |  | competitive business within two miles of your |
| franchise terminates or |  | original location or any other existing Del Taco |
| expires |  | Restaurant. (subject to state law) |
| s. Modification of the | 23 | No changes can take place unless mutually agreed |
| agreement |  | to in writing. |
| t. Integration/ merger clause | 23 | Only the written terms of the agreement and exhibits bind the parties. Notwithstanding the foregoing, nothing in this or any related agreement is intended to disclaim the express representations made in the Franchise Disclosure Document, its exhibits and amendments. Any representations or promises outside of the Franchise Disclosure Document and other agreements may not be enforceable. (subject to state law) |
| u. Dispute resolution by arbitration or mediation | 17 | The parties must arbitrate any controversy or claim, except that either party may file for preliminary injunctive relief, a restraining order, or order of specific performance, including, without limitation, injunctive relief pertaining to the use of the Del Taco System and Marks. |
| v. Choice of forum | 17.2 and 17.3 | All litigation and arbitration must take place in Orange County, California, subject to applicable state law. See Exhibit F.

Source: Item 17 — RENEWAL, TERMINATION, TRANSFER AND DISPUTE RESOLUTION (FDD pages 42–46)

In Michigan, can Del Taco require arbitration or litigation to be conducted outside of the state?

Answer from 2025 FDD Document

What This Means (2025 FDD)

Provision	Section in the Agreement	Summary
n. Our right of first refusal to acquire your business	12.6	We have an option for 30 days to purchase upon same terms and conditions offered to the third party.
o. Our option to purchase your business	12.6	We have an option to purchase your business upon the termination or expiration of your Franchise Agreement.
p. Your death or disability	12.7 and 12.8	We will not withhold consent unreasonably to a transfer to a third party within 6 months, provided the transferee meets our general conditions of transfer.
q. Non-competition covenants during the term of the franchise	10.5	You cannot use the Del Taco System or any other names, marks, systems, logotypes, symbols or foodstuffs provided by us or an approved supplier in connection with another Restaurant; you cannot operate any “competitive business”, which means a Restaurant or food service business that offers one or more Mexican or similar style menu items, and is operated in a quick service, fast food, or fast casual format. (subject to state law)
r. Non-competition	10.6	For a period of two years, you cannot operate a
covenants after the		competitive business within two miles of your
franchise terminates or		original location or any other existing Del Taco
expires		Restaurant. (subject to state law)
s. Modification of the	23	No changes can take place unless mutually agreed
agreement		to in writing.
t. Integration/ merger clause	23	Only the written terms of the agreement and exhibits bind the parties. Notwithstanding the foregoing, nothing in this or any related agreement is intended to disclaim the express representations made in the Franchise Disclosure Document, its exhibits and amendments. Any representations or promises outside of the Franchise Disclosure Document and other agreements may not be enforceable. (subject to state law)
u. Dispute resolution by arbitration or mediation	17	The parties must arbitrate any controversy or claim, except that either party may file for preliminary injunctive relief, a restraining order, or order of specific performance, including, without limitation, injunctive relief pertaining to the use of the Del Taco System and Marks.
v. Choice of forum	17.2 and 17.3	All litigation and arbitration must take place in Orange County, California, subject to applicable state law. See Exhibit F.