In the event of a breach of the Floyds 99 agreement, where is the venue for any action or proceeding?
Floyds_99 Franchise · 2025 FDDAnswer from 2025 FDD Document
Both parties waive any objection to the jurisdiction of these courts or to venue in the state and federal courts of Colorado.
Notwithstanding the foregoing, if the laws of the state where the Associate resides prohibit the aforesaid designation of jurisdiction and venue, then such other state's laws shall control.
Source: Item 23 — RECEIPT (FDD pages 58–229)
What This Means (2025 FDD)
According to the 2025 Floyds 99 Franchise Disclosure Document, both parties involved in the agreement consent to the jurisdiction and venue in the state and federal courts of Colorado. This means that any legal action related to the franchise agreement will take place in Colorado, regardless of where the franchisee's business is located.
However, there is an exception to this rule. If the laws of the state where the Floyds 99 Associate (franchisee) resides prohibit the designation of jurisdiction and venue in Colorado, then the laws of the franchisee's state will take precedence. This ensures that the franchisee's rights under their state's laws are protected.
This clause is important for prospective franchisees to consider, as it dictates where they may have to travel and engage legal counsel should a dispute arise. Franchisees should be aware of their own state's laws regarding jurisdiction and venue to understand how they might affect their rights under the Floyds 99 franchise agreement.