Which state's laws govern the Even Hotels Hotel Agreement?
Even_Hotels Franchise · 2025 FDDAnswer from 2025 FDD Document
- 11.10 Governing Law; Sole and Exclusive Venue.
This Agreement and the rights and obligations of the Parties under this Agreement shall be governed by and construed in accordance with the Laws of the State of Georgia, without giving effect to the principles thereof relating to the conflicts of Laws.
Each Party irrevocably agrees that any legal action, suit or proceeding brought by it in any way arising out of this Agreement must be brought solely and exclusively in the state courts located in the County of Fulton, State of Georgia, and irrevocably accepts and submits to the sole and exclusive jurisdiction of each of the aforesaid courts in personam, generally and unconditionally with respect to any action, suit or proceeding brought by it or against it by the other Party.
Source: Item 23 — RECEIPTS (FDD pages 99–438)
What This Means (2025 FDD)
According to Even Hotels's 2025 Franchise Disclosure Document, the Hotel Agreement is governed by the laws of the State of Georgia. Specifically, the agreement and the rights and obligations of all parties are construed in accordance with Georgia law, without regard to its conflict of laws principles.
Furthermore, any legal action or proceeding arising from the Hotel Agreement must be brought exclusively in the state courts located in Fulton County, Georgia. By signing the agreement, each party irrevocably agrees to the sole and exclusive jurisdiction of these courts. This means that franchisees are generally required to litigate any disputes with Even Hotels in Georgia, which may involve additional travel and legal expenses if the franchisee is not located in Georgia.
However, it's important to note that several states (California, North Dakota, Rhode Island, and Washington) have specific amendments that may override the governing law provision under certain circumstances. For example, the California amendment states that the provision requiring application of Georgia laws may not be enforceable under California law. Similarly, the North Dakota amendment specifies that North Dakota laws supersede any conflicting provisions of the License or Georgia law. Franchisees should carefully review the specific amendment applicable to their state to understand their rights and obligations.