What is the chosen forum for legal disputes related to 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 Epcon Communities' 2025 Franchise Disclosure Document, the designated legal forum for resolving disputes related to the agreement is within the State of Ohio. Specifically, legal actions must be initiated in the state courts located in Franklin County, Ohio.
Additionally, if the necessary jurisdictional requirements are met at the time a dispute arises, the United States District Court for the Southern District of Ohio (Northern Division) may also serve as a forum for legal proceedings. This means that depending on factors like the amount in dispute, the parties involved, and the nature of the claims, a case could potentially be heard in either the state or federal court within Ohio.
This clause is important for prospective Epcon Communities franchisees as it dictates where they may be required to litigate any disputes with the franchisor. Litigating in Ohio could mean increased travel costs, hiring Ohio-based attorneys, and becoming familiar with Ohio state laws, regardless of where the franchisee's business is located. Franchisees should consider this when evaluating the franchise agreement and factor in potential legal costs associated with this forum selection clause.