Where will disputes arising under the Dermani Medspa franchise agreement be 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 Dermani Medspa's 2025 Franchise Disclosure Document, disputes arising under the franchise agreement will be litigated in the courts of the state or the courts of the United States for the specific district. By signing the agreement, both parties agree to accept the exclusive jurisdiction of these courts and appellate courts. They also waive their right to a jury trial regarding any claims.
Furthermore, the parties consent to service of process through registered or certified mail to their addresses as specified in the agreement. They also waive any objections to the venue of actions or proceedings brought in these courts, and they agree not to claim that such actions are brought in an inconvenient forum, to the extent permitted by law.
However, the Illinois Addendum to the Area Development Agreement states that Illinois law governs the Area Development Agreement. It also specifies that any provision designating jurisdiction or venue outside of Illinois is void, although the agreement may provide for arbitration outside of Illinois. Similarly, the Maryland Addendum states that nothing in the Franchise Agreement prevents a franchisee from bringing a lawsuit in Maryland for claims arising under the Maryland Franchise Registration and Disclosure Law.