factual

Subject to mediation and arbitration, where must any judicial action be brought by or against Face Foundrie?

Face_Foundrie Franchise · 2025 FDD

Answer from 2025 FDD Document

  • 16.5 Consent to Jurisdiction. Subject to the mediation and arbitration obligations in Sections 16.2 and 16.3, any judicial action must be brought in a court of competent jurisdiction in the state, and in (or closest to) the county, where Franchisor's principal place of business is then located. Each of the parties irrevocably submits to the jurisdiction of such courts and waives any objection to such jurisdiction or venue. Notwithstanding the foregoing, Franchisor may bring an action for a temporary restraining order or for temporary or preliminary injunctive relief, or to enforce an arbitration award or judicial decision, in any federal or state court in the county in which Area Developer resides or the Development Area is located.

Source: Item 23 — RECEIPTS (FDD pages 74–257)

What This Means (2025 FDD)

According to Face Foundrie's 2025 Franchise Disclosure Document, any judicial action, subject to mediation and arbitration obligations, must be brought in a court of competent jurisdiction in the state and county where Face Foundrie's principal place of business is located. Each party involved irrevocably submits to the jurisdiction of these courts and waives any objections to the jurisdiction or venue.

However, there is an exception to this rule. Face Foundrie can bring an action for a temporary restraining order, temporary or preliminary injunctive relief, or to enforce an arbitration award or judicial decision in any federal or state court in the county where the Area Developer resides or where the Development Area is located. This allows Face Foundrie to take immediate action in the franchisee's local jurisdiction if necessary to protect its interests.

This clause outlines the legal framework for resolving disputes, initially favoring mediation and arbitration. However, it specifies the location for judicial actions when those become necessary, providing clarity and predictability for both Face Foundrie and its franchisees. Franchisees should be aware of this clause, understanding that legal actions will generally occur in the location of Face Foundrie's principal business, unless Face Foundrie seeks specific injunctive relief or enforcement actions in the franchisee's local jurisdiction.

Disclaimer: This information is extracted from the 2025 Franchise Disclosure Document and is provided for research purposes only. It does not constitute legal or financial advice. Consult with a franchise attorney before making any investment decisions.