What is the choice of forum for legal disputes involving Epcon Communities?
Epcon_Communities Franchise · 2025 FDDAnswer from 2025 FDD Document
This Agreement and your use of the Databases and Web Site are governed by the laws of the State of Ohio (without reference to conflicts of laws provisions) and applicable federal laws of the United States.
The state courts in the State of Ohio in Franklin County and, if the jurisdictional prerequisites exist at the time, the United States District Court for the Southern District of Ohio (Northern Division) shall have the sole and exclusive jurisdiction to hear and determine any dispute or controversy arising under or concerning this Agreement.
Source: Item 23 — RECEIPTS (FDD pages 86–280)
What This Means (2025 FDD)
According to the 2025 Epcon Communities Franchise Disclosure Document, disputes arising from the Non-Disclosure and On-Line Access Agreement will be heard in the state courts of Franklin County, Ohio, or the United States District Court for the Southern District of Ohio (Northern Division), if jurisdictional prerequisites are met. This means that any legal action initiated by either the franchisee or Epcon Communities related to this specific agreement must be pursued in these courts.
This clause dictates that Ohio law governs the agreement, regardless of where the franchisee is located. This is a common practice in franchising, as it provides the franchisor with a consistent legal environment. However, it may require the franchisee to incur additional travel and legal expenses if they are located outside of Ohio.
It is important for prospective franchisees to understand this forum selection clause and its implications. They should consult with an attorney to assess the potential costs and inconveniences associated with litigating in Ohio. Franchisees should also be aware of the specific jurisdictional requirements for the U.S. District Court, as not all cases will qualify for federal court.