Does a Floors To Go franchisee waive any objection to venue in the specified courts?
Floors_To_Go Franchise · 2025 FDDAnswer from 2025 FDD Document
tration 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.
- 16.2. Venue. The parties hereby consent to the jurisdiction of the courts of the State of Florida, County of Lee, or, if it has or can acquire jurisdiction, in the United States District Court for the Middle District of Florida, and each of the parties consents to the jurisdiction of such courts (and of the appropriate appellate courts) in any action or proceeding and waives any objection to venue laid there. You agree to and hereby designate the Secretary of State as your agent for receipt of service of process, provided that a copy of such service of process is mailed, return receipt requested, to your last known mailing address. Neither you nor any
assignee, successor, heir or personal representative of yours will join together with any other franchisee of FTG in bringing any litigation against FTG, including FTG's affiliates, successors, assigns and designees of each, and their respective officers, directors, employees, agents, attorneys, owners, designees and representatives of all of the foregoing (the "FTG Parties"); nor will you maintain any claim against any of the FTG Parties in a class action, whether as a representative or as a member of a class or purported class; nor will you seek to consolidate, or consent to the consolidation of, all or any part of any litigation by either of them against any of the FTG Parties with any other litigation against any of the FTG Parties.
- 16.3. Waiver of Jury Trial.
Source: Item 23 — RECEIPTS (FDD pages 47–204)
What This Means (2025 FDD)
According to Floors To Go's 2025 Franchise Disclosure Document, franchisees generally 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. They also waive any objection to having the venue in those courts for any action or proceeding related to the franchise agreement. The franchisee also agrees to designate the Secretary of State as their agent for receipt of service of process, provided a copy of such service of process is mailed to the franchisee's last known mailing address.
However, there are exceptions to this general rule. For instance, the North Dakota Amendment states that nothing in the agreement can reduce a franchisee's rights to any procedure, forum, or remedies provided by North Dakota law. Similarly, the South Dakota Amendment indicates that any provision designating jurisdiction or venue outside of South Dakota is void with respect to any cause of action enforceable in South Dakota. These amendments suggest that franchisees in North Dakota and South Dakota may not be required to consent to jurisdiction or venue in Florida for certain disputes.
In Virginia, no statement signed by a franchisee can waive claims under state franchise law or disclaim reliance on statements made by Floors To Go. This provision supersedes any other term of any document executed in connection with the franchise. Therefore, while the standard agreement specifies Florida as the venue, state-specific laws and amendments may provide franchisees with different rights and protections regarding venue and jurisdiction.