What is the Engel & Volkers franchisee's obligation regarding personal jurisdiction in the designated court?
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, with respect to any action for monies owed, injunctive or other extraordinary or equitable relief, or involving possession or disposition of, or other relief relating to, the franchised Business, Franchisor (and any third-party beneficiary seeking to enforce Franchisor's rights hereunder) may bring such an action in any county, state or federal district court which has jurisdiction.
Franchisee hereby waives and covenants never to assert or claim that the venue designated for litigation by this Agreement is for any reason improper, inconvenient, prejudicial or otherwise inappropriate (including any claim under the judicial doctrine of "forum non conveniens").
Source: Item 22 — CONTRACTS (FDD page 88)
What This Means (2025 FDD)
According to the 2025 Engel & Volkers Franchise Disclosure Document, the franchisee irrevocably submits to the jurisdiction of a specified court and waives all questions of personal jurisdiction to carry out the agreement's provisions. This means the franchisee agrees to be sued in that court, regardless of where their business is located, and cannot challenge the court's authority over them.
Engel & Volkers franchisees also agree that any disputes regarding the venue for litigation will be exclusively submitted to and resolved by the aforementioned court. However, Engel & Volkers retains the right to initiate actions for monies owed, injunctive relief, or other equitable relief related to the franchised business in any court with jurisdiction.
Furthermore, the Engel & Volkers franchisee waives the right to claim that the designated venue is improper or inconvenient. This includes waiving claims under the doctrine of "forum non conveniens," which allows a court to dismiss a case if another court is better suited to hear it. This ensures that Engel & Volkers can pursue legal action against a franchisee in the specified venue without facing challenges based on jurisdiction or convenience.