Is choosing a forum other than Indiana prohibited for Floors To Go?
Floors_To_Go Franchise · 2025 FDDAnswer from 2025 FDD Document
| Provision | Section in Membership Agreement | Summary | |
|---|---|---|---|
| v. | Choice of forum | Section 16.2 | Florida, unless otherwise required by state law. Choice of an exclusive forum other than Indiana is prohibited pursuant to Indiana Code § 23-2-2.7-1(10). |
Source: Item 23 — RECEIPTS (FDD pages 47–204)
What This Means (2025 FDD)
According to Floors To Go's 2025 Franchise Disclosure Document, if you are an Indiana franchisee, you are protected by Indiana law regarding choice of forum. The FDD states that choosing a forum outside of Indiana is prohibited. Specifically, Section 16.2 of the Floors To Go Membership Agreement designates Florida as the choice of forum, but this is superseded by Indiana law for Indiana franchisees.
This means that Floors To Go franchisees in Indiana cannot be forced to litigate disputes in a forum outside of Indiana. This protection is provided under Indiana Code § 23-2-2.7-1(10). This statute ensures that Indiana franchisees have the right to resolve legal issues within their own state, which can reduce the costs and burdens associated with legal proceedings.
This provision is an important protection for prospective Floors To Go franchisees in Indiana, as it prevents the franchisor from requiring them to travel to Florida or another state to resolve disputes. Franchisees should consult with an attorney to fully understand their rights under Indiana law.