To what jurisdiction do the Developer, Owners, and Principals irrevocably submit themselves for claims not resolved through mediation with 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
PRINCIPAL PLACE OF BUSINESS IS LOCATED; PROVIDED, THAT FRANCHISOR MAY BRING ANY ACTION (i) FOR MONIES OWED, (ii) FOR INJUNCTIVE OR OTHER EXTRAORDINARY RELIEF OR (iii) INVOLVING POSSESSION OR DISPOSITION OF, OR OTHER RELIEF RELATING TO, REAL PROPERTY, THE MARKS, OR THE CONFIDENTIAL INFORMATION, IN ANY STATE OR FEDERAL DISTRICT COURT WHICH HAS JURISDICTION.
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 irrevocably submit to the jurisdiction of the state and federal district courts where Ella Cafe's principal place of business is located for any claims, controversies, or disputes not resolved through mediation. This means that if a lawsuit is filed, it will take place in the jurisdiction where Ella Cafe has its primary business operations.
Furthermore, the Developer, Owners, and Principals waive any objections to personal jurisdiction, agreeing that they can be served legal process through any means allowed by Florida or federal law. 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 matters involving real property, trademarks, or confidential information in any state or federal district court that has jurisdiction. This clause ensures that Ella Cafe can pursue legal action in jurisdictions where the assets or issues in dispute are located, providing them with more flexibility in protecting their interests.