Where is the exclusive venue for disputes involving Floyds 99 and the developer?
Floyds_99 Franchise · 2025 FDDAnswer from 2025 FDD Document
| Developer is dated, 20 | This Rider to the Development Agreement by and between Floyd's 99 Franchising, LLC and |
|---|---|
| 1. | Section 13.4 is deleted in its entirety and the following is substituted in its place: |
| 13.4 seq.), or other federal law, Illinois law governs this Agreement. | Governing Law/Consent to Venue and Jurisdiction. Except to the extent governed by the United States Trademark Act of 1946 (Lanham Act, 15 U.S.C. Sections 1051 et |
Source: Item 23 — RECEIPT (FDD pages 58–229)
What This Means (2025 FDD)
According to the 2025 Floyds 99 Franchise Disclosure Document, Illinois law governs the Development Agreement, except to the extent governed by the United States Trademark Act of 1946. This means that Illinois law will be used to interpret the agreement and resolve disputes, unless federal trademark law applies.
The FDD specifies that Section 13.4, regarding Governing Law/Consent to Venue and Jurisdiction, is deleted and replaced with the statement that Illinois law governs the agreement, except where federal trademark law applies. This indicates a specific focus on ensuring Illinois law is the primary legal framework for the agreement.
For a prospective Floyds 99 developer, this means that any legal disputes with Floyds 99 Franchising, LLC related to the Development Agreement will likely be resolved in Illinois, under Illinois law. However, it's important to note the exception for matters governed by the United States Trademark Act, which would be handled under federal law. Developers should be aware of both Illinois state law and federal trademark law.