In the Floors To Go agreement, what does the waiver of objection to venue mean for the franchisee?

According to the 2025 Floors To Go Franchise Disclosure Document, Section 16.2 addresses venue, stating that both parties consent to the jurisdiction of courts in the State of Florida, County of Lee, or the United States District Court for the Middle District of Florida. By signing the agreement, the franchisee consents to the jurisdiction of these courts and waives any objection to having the venue there for any action or proceeding. The franchisee also agrees to designate the Secretary of State as their agent for receipt of service of process, provided a copy is mailed to their last known address.

However, this general rule may not apply in all cases. The FDD includes state-specific amendments that may modify this provision. For example, the Rhode Island Amendment states that the venue restriction to a forum outside of Rhode Island is void with respect to a claim otherwise enforceable under the Rhode Island Franchise Investment Act. Similarly, the North Dakota Amendment deletes Section 16.3 of the agreement entirely, and the South Dakota Amendment states that any provision designating jurisdiction or venue outside of South Dakota is void with respect to any cause of action otherwise enforceable in South Dakota.

These state-specific amendments mean that while the standard Floors To Go agreement specifies Florida as the venue, franchisees in certain states like Rhode Island, North Dakota, and South Dakota may have the right to pursue legal claims in their home state, regardless of the venue clause in the main agreement. This is to protect the franchisee's rights under their state's franchise laws. A prospective franchisee should carefully review the state-specific amendments applicable to their state to understand their rights regarding venue and jurisdiction.