Where must all claims between parties to the Dermani Medspa agreement be initiated and litigated?
Dermani_Medspa Franchise · 2025 FDDAnswer from 2025 FDD Document
addition to any other remedies the Parties may have, at law or in equity.
- 11.15. Survival. The following sections and articles of this Agreement shall survive termination of this Agreement for any reasons: Section 10.01; Section 11.12; Section 11.13; and Article VII.
- 11.16. Third Party Beneficiary. dermani MEDSPA Franchising LLC is an express third party beneficiary of this Agreement and may, directly or indirectly, enforce any right of Manager hereunder.
- 11.17. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall for all purposes be deemed to be an original and all of which shall constitute one and the same instrument.
- 11.18. Consent to Jurisdiction; Waiver of Jury Trial. The Parties agree that any dispute arising under this Agreement shall be litigated in the courts of the State of ______ or the courts of the United States for the District of ______, and, by execution and delivery of this Agreement, the Parties hereby accept for themselves and in respect of their property, generally and unconditionally, the exclusive jurisdiction of the aforesaid courts and appellate courts. The Parties waive the right to trial by jury with respect to any claims hereby.
Source: Item 23 — RECEIPTS (FDD pages 66–311)
What This Means (2025 FDD)
According to the 2025 Dermani Medspa Franchise Disclosure Document, any dispute arising under the agreement must be litigated in the courts of the State of ______ or the courts of the United States for the District of ______. By signing the agreement, both parties accept the exclusive jurisdiction of these courts and appellate courts. This means that if a Dermani Medspa franchisee has a legal dispute with the franchisor, they must pursue the case in the specified state or federal district court. The specific state and district are not named in the excerpt.
Furthermore, both parties waive their right to a jury trial for any claims. They also consent to service of process via registered or certified mail to their addresses listed in Section 11.02 of the agreement. This simplifies the legal process by establishing how legal notices can be delivered.
Finally, the parties irrevocably waive any objection to the venue of these courts and agree not to claim that the chosen court is an inconvenient forum. This ensures that Dermani Medspa-related legal disputes are resolved in the predetermined jurisdiction, preventing either party from attempting to move the case to a different location.