What does an Engel & Volkers franchisee waive regarding personal jurisdiction?
Engel_Volkers Franchise · 2025 FDDAnswer from 2025 FDD Document
Franchisee hereby irrevocably submits itself to the jurisdiction of any such court and waives all questions of personal jurisdiction for the purpose of carrying out this provision.
Franchisee agrees that any dispute as to the venue for litigation will be submitted to and resolved exclusively by such aforementioned court.
Notwithstanding the foregoing, however, wi
Source: Item 22 — CONTRACTS (FDD page 88)
What This Means (2025 FDD)
According to Engel & Volkers' 2025 Franchise Disclosure Document, franchisees irrevocably submit to the jurisdiction of specified courts and waive all questions of personal jurisdiction to carry out the franchise agreement's provisions. This means an Engel & Volkers franchisee agrees to be subject to the authority of the courts outlined in the agreement, regardless of where the franchisee's business is located or where they reside. They also give up the right to challenge the court's authority over them personally.
This waiver has significant implications for prospective franchisees. Should a dispute arise with Engel & Volkers, the franchisee may be required to litigate in a court that is not local to them, potentially incurring additional travel and legal expenses. The franchisee also relinquishes the ability to argue that the court lacks jurisdiction over them, which could otherwise be a valid legal defense.
Furthermore, the Engel & Volkers franchisee agrees that any dispute regarding the venue for litigation will be exclusively submitted to and resolved by the aforementioned court. This clause reinforces the franchisor's control over where legal proceedings will occur, potentially creating a disadvantage for the franchisee if the designated venue is inconvenient or unfamiliar.