What laws govern matters relating to arbitration in the Dickeys Barbecue Pit franchise agreement?
Dickeys_Barbecue_Pit Franchise · 2024 FDDAnswer from 2024 FDD Document
affiliates and you shall not be consolidated with any other arbitration that may be taking place between Dickey's or its affiliate and other party.
- C. Notwithstanding anything herein to the contrary, either party may bring an action in any court having jurisdiction and without first submitting such action to mediation or arbitration (a) for injunctive relief or other extraordinary relief, (b) involving the possession or disposition of, or other relief relating to real property, or (c) in aid of enforcing the parties' obligations to arbitrate under Article 14.B above.
- D. You have signed this Agreement and submitted it to Dickey's for acceptance and execution by Dickey's at Dickey's corporate headquarters in Plano, Collin County, Texas. You shall make all payments and perform other obligations arising hereunder at Collin County, Texas, and this Agreement is made and entered into at Collin County, Texas. The provisions of this Article 14.D shall apply to the fullest extent permitted under applicable state law.
- THIS AGREEMENT IS EXECUTED AND DELIVERED IN CONNECTION WITH A TRANSACTION NEGOTIATED AND CONSUMMATED IN COLLIN COUNTY, TEXAS. MATTERS RELATING TO ARBITRATION WILL BE GOVERNED BY THE FEDERAL ARBITRATION ACT (9 U.S.C. §§ 1 ET SEQ.). EXCEPT TO THE EXTENT GOVERNED BY THE FEDERAL ARBITRATION ACT, THE UNITED STATES TRADEMARK ACT OF 1946 (LANHAM ACT, 15 U.S.C. SECTIONS 1051 ET SEQ.), OR OTHER FEDERAL LAW, THIS AGREEMENT AND ANY AND ALL CONTROVERSIES, DISPUTES, OR CLAIMS ARISING OUT OF THIS AGREEMENT OR THE RELATIONSHIP BETWEEN THE PARTIES (REGARDLESS OF THE FORM OF THE CAUSE OF ACTION ASSERTED OR WHETHER THE DISPUTE IS BETWEEN YOU AND AN AFFILIATE OF DICKEY'S) SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF TEXAS.
Source: Item 23 — RECEIPTS (FDD pages 96–388)
What This Means (2024 FDD)
According to the 2024 Dickeys Barbecue Pit Franchise Disclosure Document, the Federal Arbitration Act (9 U.S.C. §§ 1 et seq.) governs matters relating to arbitration. This means that any arbitration proceedings between Dickeys Barbecue Pit and the franchisee will be subject to the rules and regulations outlined in this federal law.
In addition to the Federal Arbitration Act, the laws of the State of Texas govern the Dickeys Barbecue Pit agreement, except to the extent governed by the Federal Arbitration Act, the United States Trademark Act of 1946 (Lanham Act, 15 U.S.C. Sections 1051 et seq.), or other federal law. This encompasses any controversies, disputes, or claims arising out of the agreement or the relationship between the parties, regardless of the cause of action or whether the dispute involves an affiliate of Dickeys Barbecue Pit.
The agreement specifies that any such controversies, disputes, or actions must be brought, maintained, and concluded exclusively in the District Courts of Collin County, Texas, or the United States District Court for the Eastern District of Texas, Sherman Division. The franchisee agrees to submit to the jurisdiction of these courts and waives any objections to venue. This also confirms that the agreement is executed and delivered in connection with a transaction negotiated and consummated in Collin County, Texas.