To which state's courts does the Dryject guarantor irrevocably submit for jurisdiction and venue?
Dryject Franchise · 2025 FDDAnswer from 2025 FDD Document
This Guaranty Agreement is governed by the laws of the state in which Our principal place of business is located, which is currently Hatboro, Pennsylvania and Guarantor irrevocably submits to the jurisdiction and venue of the courts of Pennsylvania;
If Franchisor is required to enforce this Guaranty Agreement in any judicial or arbitration proceeding or on any appeals, Guarantor must reimburse Franchisor for its enforcement costs.
Enforcement costs include reasonable accountants', attorneys', attorneys' assistants', arbitrators', and expert witness fees, costs of investigation and proof of facts, court costs, filing fees, other litigation expenses and travel and living expenses, whether incurred prior to, in preparation for, or in contemplation of the filing of any written demand, claim, action, hearing or proceeding to enforce this Guaranty Agreement;
Guarantor acknowledges that he or she has obtained independent legal advice before signing this Guaranty Agreement.
Source: Item 8 — BUSINESS RELATIONSHIP (FDD pages 68–229)
What This Means (2025 FDD)
According to Dryject's 2025 Franchise Disclosure Document, the guarantor irrevocably submits to the jurisdiction and venue of the courts of Pennsylvania. This is because Dryject's principal place of business is located in Hatboro, Pennsylvania. Therefore, the Guaranty Agreement is governed by the laws of Pennsylvania.
This means that if Dryject needs to enforce the Guaranty Agreement, any legal proceedings will take place in Pennsylvania courts. The guarantor is essentially agreeing to be subject to the decisions of the Pennsylvania court system. This could involve traveling to Pennsylvania for hearings or trials, and hiring legal representation familiar with Pennsylvania law.
Furthermore, if Dryject is required to enforce the Guaranty Agreement in any judicial or arbitration proceeding, the guarantor must reimburse Dryject for its enforcement costs. These costs can include reasonable fees for accountants, attorneys, arbitrators, and expert witnesses, as well as costs of investigation, court costs, filing fees, other litigation expenses, and travel and living expenses. This could potentially add a significant financial burden on the guarantor in addition to the original debt or obligation being guaranteed.
It is also stated that the guarantor acknowledges that they have obtained independent legal advice before signing the Guaranty Agreement. This is to ensure that the guarantor fully understands the implications of submitting to Pennsylvania jurisdiction and venue, as well as the potential financial responsibilities involved in the enforcement of the agreement.