What do Developer, Owners, and Principals waive regarding personal jurisdiction in proceedings related to Ella Cafe?
Ella_Cafe Franchise · 2024 FDDAnswer from 2024 FDD Document
FOR ANY CLAIMS, CONTROVERSIES, AND/OR DISPUTES WHICH ARE NOT FINALLY RESOLVED THROUGH MEDIATION AS PROVIDED ABOVE, DEVELOPER, OWNERS, AND PRINCIPALS IRREVOCABLY SUBMIT THEMSELVES TO THE JURISDICTION OF THE STATE AND THE FEDERAL DISTRICT COURTS LOCATED IN THE STATE, COUNTY, OR JUDICIAL DISTRICT IN WHICH FRANCHISOR'S PRINCIPAL PLACE OF BUSINESS IS LOCATED.
DEVELOPER, OWNERS, AND PRINCIPALS HEREBY WAIVE ALL QUESTIONS OF PERSONAL JURISDICTION FOR THE PURPOSE OF CARRYING OUT THIS PROVISION AND AGREE THAT SERVICE OF PROCESS MAY BE MADE UPON ANY OF THEM IN ANY PROCEEDING RELATING TO OR ARISING OUT OF THIS AGREEMENT OR THE RELATIONSHIP CREATED HEREBY BY ANY MEANS ALLOWED BY FLORIDA OR FEDERAL LAW.
DEVELOPER, OWNERS, AND PRINCIPALS FURTHER AGREE THAT VENUE FOR ANY SUCH PROCEEDING WILL BE THE COUNTY OR JUDICIAL DISTRICT IN WHICH FRANCHISOR'S
Source: Item 23 — RECEIPTS (FDD pages 50–181)
What This Means (2024 FDD)
According to Ella Cafe's 2024 Franchise Disclosure Document, the Developer, Owners, and Principals involved with the franchise irrevocably submit to the jurisdiction of the state and federal district courts where Ella Cafe's principal business is located. This means that any legal disputes that are not resolved through mediation must be handled in those specific courts.
Furthermore, the Developer, Owners, and Principals waive all questions of personal jurisdiction, agreeing to accept service of process in any proceeding related to the franchise agreement or relationship by any means allowed by Florida or Federal law. This simplifies the legal process by ensuring they cannot challenge the court's authority over them based on their location or residency.
They also agree that the venue for any such legal proceeding will be the county or judicial district where Ella Cafe's principal place of business is located. However, Ella Cafe retains the right to bring actions for monies owed, injunctive relief, or those involving real property, trademarks, or confidential information in any state or federal district court that has jurisdiction.