What is the exclusive venue for resolving disputes between the guarantor and Floyds 99?
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)
The 2025 Floyds 99 FDD states that both parties involved in the agreement consent to the jurisdiction and venue in the state and federal courts of Colorado for resolving disputes. This means that if Floyds 99 and a franchisee (or any other party to the agreement) have a disagreement that leads to legal action, the case will be heard in Colorado courts.
However, there is an exception to this rule. If the laws of the state where the franchisee (or Associate) 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 agreement complies with local laws and protects the franchisee's rights.
This clause is important for prospective Floyds 99 franchisees to understand because it dictates where they may have to travel and litigate if a dispute arises. Franchisees should consult with a legal professional to understand how this clause interacts with the laws of their state and what their rights and obligations are in the event of a legal dispute with Floyds 99.