In which specific courts must litigation be filed concerning the Epcon Communities Sublicense Agreement, subject to applicable state law?
Epcon_Communities Franchise · 2025 FDDAnswer from 2025 FDD Document
| Provision | Section of Sublicense Agree ment | Summary |
|---|---|---|
| v. Choice of forum | Section 10.G | Subject to applicable state law, litigation must be filed in Federal District Court for the Southern District of Ohio in Columbus, Ohio or in Common Pleas Court of Franklin County, Ohio. |
Source: Item 17 — RENEWAL, TERMINATION, TRANSFER AND DISPUTE RESOLUTION THE FRANCHISE RELATIONSHIP (FDD pages 55–69)
What This Means (2025 FDD)
According to Epcon Communities' 2025 Franchise Disclosure Document, litigation regarding the Sublicense Agreement must be filed in specific courts, subject to applicable state laws. Specifically, the FDD indicates that lawsuits must be filed in the Federal District Court for the Southern District of Ohio in Columbus, Ohio, or in the Common Pleas Court of Franklin County, Ohio. This clause dictates the venue where Epcon Communities franchisees can bring legal action related to the Sublicense Agreement.
This requirement means that any legal disputes arising from the Sublicense Agreement will be resolved in the Ohio courts specified, regardless of where the franchisee's business is located. This could increase expenses for franchisees located outside of Ohio, who would need to travel and potentially hire local counsel in Ohio.
It is important for prospective Epcon Communities franchisees to understand this forum selection clause and its potential implications. Franchisees should consult with legal counsel to assess the impact of this clause on their specific circumstances and rights. While the clause is subject to applicable state law, the FDD does not elaborate on which state laws might override this clause.