Is Endless Summer Sweets allowed to deny violations of the law in California?
Endless_Summer_Sweets Franchise · 2024 FDDAnswer from 2024 FDD Document
- 18.8 Governing Law. The laws of the state of California (without giving effect to its principles of conflicts of law) govern all adversarial proceedings between the parties.
The parties agree that any California law for the protection of franchisees or business opportunity purchasers will not apply unless its jurisdictional requirements are met independently without reference to this Section 18.8.
Source: Item 23 — RECEIPTS (FDD pages 39–125)
What This Means (2024 FDD)
According to the 2024 Endless Summer Sweets FDD, the franchise agreement is governed by California law, but with specific limitations. Section 18.8 states that California law will govern adversarial proceedings between the parties, but any California law intended to protect franchisees or business opportunity purchasers will not apply unless its jurisdictional requirements are met independently, without relying on this section of the agreement.
This means that while California law generally applies, Endless Summer Sweets attempts to limit the applicability of specific California laws designed to protect franchisees. A franchisee can only invoke these protective laws if they meet the requirements of the law independent of the franchise agreement itself.
This clause could have significant implications for a prospective Endless Summer Sweets franchisee in California. It suggests that Endless Summer Sweets aims to restrict the franchisee's ability to rely on certain California franchise laws in any legal disputes, potentially weakening the franchisee's legal position. Prospective franchisees should seek legal counsel to fully understand the implications of this clause and how it might affect their rights and remedies under California law.