Where will legal proceedings not required to be submitted to arbitration be brought for Endless Summer Sweets?
Endless_Summer_Sweets Franchise · 2024 FDDAnswer from 2024 FDD Document
- 17.5 Venue Other Than Arbitration. For any legal proceeding not required to be submitted to arbitration, the parties agree that any such legal proceeding will be brought in the United States District Court where Franchisor's headquarters is then located.
If there is no federal jurisdiction over the dispute, the parties agree that any such legal proceeding will be brought in the court of appropriate jurisdiction in the state and county where Franchisor's headquarters is then located.
Each party consents to the jurisdiction of such courts and waives any objection that it, he or she may have to the laying of venue of any proceeding in any of these courts.
Source: Item 23 — RECEIPTS (FDD pages 39–125)
What This Means (2024 FDD)
According to Endless Summer Sweets' 2024 Franchise Disclosure Document, any legal proceedings not required to be submitted to arbitration will be brought in the United States District Court where Endless Summer Sweets' headquarters is located.
If there is no federal jurisdiction over the dispute, the legal proceeding will be brought in the court of appropriate jurisdiction in the state and county where Endless Summer Sweets' headquarters is located. The FDD does not specify the exact location of the headquarters.
Each party consents to the jurisdiction of these courts and waives any objection to the venue of any proceeding in these courts. This means that franchisees are agreeing to have legal disputes resolved in a specific location that may be far from their own location, which could increase legal costs.