What is the choice of law governing the Floors To Go Membership Agreement?
Floors_To_Go Franchise · 2025 FDDAnswer from 2025 FDD Document
| Provision | Section in Membership Agreement | Summary | |
|---|---|---|---|
| representations or | |||
| promises | |||
| outside | |||
| of | |||
| the | |||
| disclosure | |||
| document | |||
| and | |||
| membership | |||
| agreement | |||
| may | |||
| not | |||
| be | |||
| enforceable. | |||
| u. | Dispute resolution by arbitration | Sections 14.1 through 14.3 | Must use binding arbitration in certain cases, optional in other cases, subject to applicable state law |
| v. | Choice of forum | Section 16.2 | Florida, |
| subject to applicable | |||
| state law | |||
| w. | Choice of law | Section 16.1 | Florida, subject to applicable |
| state law |
Source: Item 17 — RENEWAL, TERMINATION, TRANSFER, AND DISPUTE RESOLUTION (FDD pages 33–36)
What This Means (2025 FDD)
According to the 2025 Floors To Go Franchise Disclosure Document, the Membership Agreement is governed by Florida law, subject to applicable state law. This means that the laws of Florida will be used to interpret and enforce the agreement, unless there are specific state laws that take precedence.
For a prospective Floors To Go franchisee, this is important because it determines which state's legal system will be used if there is a dispute regarding the Membership Agreement. Franchisees should be aware of the implications of Florida law and how it might affect their rights and obligations under the agreement.
It is also important to note the phrase "subject to applicable state law." This means that if a franchisee's state has laws that conflict with Florida law on a particular issue, the franchisee's state law may override the choice of Florida law in the Membership Agreement. Prospective franchisees should consult with a legal professional to understand how the choice of law provision may affect them in their specific state.