What is the Floors To Go franchisee's obligation regarding waiving objections to venue?

According to the 2025 Floors To Go FDD, franchisees consent to the jurisdiction of Florida courts in Lee County, or the United States District Court for the Middle District of Florida, for any legal action. The franchisee also agrees to waive any objection to having the venue in those courts. Floors To Go also requires the franchisee 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, return receipt requested, to the franchisee's last known mailing address.

This means that if a dispute arises that leads to legal action, a Floors To Go franchisee may be required to travel to Florida to resolve the issue in court, which could increase legal costs. The franchisee gives up the right to argue that Florida is an inconvenient or inappropriate location for the lawsuit.

However, the FDD also includes state-specific amendments that may override the venue clause in the standard agreement. For example, for South Dakota franchisees, any provision in the franchise agreement that designates jurisdiction or venue outside of South Dakota is void with respect to any cause of action enforceable in South Dakota. Similarly, for franchisees in North Dakota, the Commissioner has determined that requiring franchisees to consent to jurisdiction outside of North Dakota is unfair. Therefore, North Dakota franchisees have the right to a procedure, forum, or remedies provided by North Dakota law.

Prospective franchisees should carefully review the governing law and venue provisions in the Floors To Go franchise agreement and any state-specific addenda to understand their rights and obligations. They should also consult with an attorney to assess the potential implications of these provisions.