In what jurisdiction can a Floyds 99 franchisee commence a cause of action against the franchisor?
Floyds_99 Franchise · 2025 FDDAnswer from 2025 FDD Document
The following provisions apply to all Franchises offered and sold to residents of the State of Maryland and Franchises to be operated in the State of Maryland:
Item 17 is amended as follows:
- c. You may bring any cause of action against us in any court of competent jurisdiction, including the state or federal courts of Maryland.
Minnesota Statutes, Section 80C.21 and Minnesota Rule 2860.4400(J) prohibit the franchisor from requiring litigation to be conducted outside Minnesota, requiring waiver of a jury trial, or requiring the franchisee to consent to liquidated damages, termination penalties or judgment notes. In addition, nothing in the Franchise Disclosure Document or agreement(s) can abrogate or reduce any of franchisee's rights as provided for in Minnesota Statutes, Chapter 80C, or franchisee's rights to any procedure, forum, or remedies provided for by the laws of the jurisdiction.
Source: Item 23 — RECEIPT (FDD pages 58–229)
What This Means (2025 FDD)
According to the 2025 Floyds 99 Franchise Disclosure Document, a franchisee in the state of Maryland has the right to bring a cause of action against Floyds 99 Franchising, LLC in any court of competent jurisdiction. This includes the state or federal courts of Maryland. This addendum ensures that Maryland franchisees are not restricted from pursuing legal action against the franchisor within their own state's legal system.
This provision is specific to franchises offered and sold to residents of Maryland or those operated within the state. It means that Floyds 99 franchisees in Maryland have the legal right to sue the company in Maryland courts, which could be more convenient and cost-effective than having to pursue legal action in another state. This can be a significant advantage for franchisees who may encounter disputes with the franchisor.
Furthermore, the addendum for Minnesota states that Minnesota Statutes prohibit Floyds 99 from requiring litigation to be conducted outside of Minnesota. This protects the franchisee's rights to any procedure, forum, or remedies provided by the laws of the jurisdiction.