In the event of a conflict of laws, which state's laws prevail for Floors To Go?
Floors_To_Go Franchise · 2025 FDDAnswer from 2025 FDD Document
- 16.1. Governing Law. This Agreement shall be interpreted, construed and governed according to the internal laws of the State of Florida, and not the laws pertaining to choice or conflict of laws, thereof, except that:
- a. The laws of the state in which the franchised business is to be located which govern the offer, sale, and registration of franchises, including, without limitation, any so-called "Little FTC Act" of such state, shall apply to the offer, sale, and registration of the Floors To Go membership granted by this Agreement and not such laws of the State of Florida (unless the franchised business is to be located in Florida);
- b. The laws of the jurisdiction in which any action to enforce any covenants not to compete provided or referenced herein shall govern such covenants not to compete, without giving effect to the principles pertaining to choice or conflict of laws thereof.
- c. The U.S. Trademark Act Of 1946 (Lanham Act, 15 U.S.C. §1051 et seq.) shall govern all matters related to your use of the FTG Marks, and the Federal Arbitration Act (9 U.S.C. §1 et seq.) shall govern all matters related to arbitration. To the extent that the Federal Arbitration Act is found inapplicable for any reason, then the provisions of the Florida Arbitration Code (Fla. Stat. Chapter 682) shall govern all matters related to arbitration.
Source: Item 23 — RECEIPTS (FDD pages 47–204)
What This Means (2025 FDD)
According to the 2025 Floors To Go Franchise Disclosure Document, the franchise agreement is generally governed by the internal laws of Florida. This means that in most situations, Florida law will be used to interpret and enforce the agreement. However, there are some key exceptions to this rule.
First, the laws of the state where the franchised Floors To Go business is located will govern the offer, sale, and registration of the franchise. This includes any state-specific franchise laws or "Little FTC Acts." So, if a franchisee is opening a business in California, California franchise laws will apply to the franchise sale and registration process, unless the business is located in Florida.
Second, if there is a legal action to enforce a non-compete agreement, the laws of the jurisdiction where that action is taking place will govern the non-compete. Finally, the U.S. Trademark Act governs the franchisee's use of Floors To Go's trademarks, and the Federal Arbitration Act governs arbitration matters. If the Federal Arbitration Act doesn't apply, then Florida's arbitration laws will govern.