What specific courts are designated as the exclusive venue for disputes related to the Floyds 99 agreement?
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, disputes will be settled in Colorado state and federal courts. Floyds 99 and the franchisee agree to these courts' jurisdiction and venue. This means that any legal action initiated by either party related to the franchise agreement must be filed and pursued in the Colorado courts, regardless of where the franchisee's business is located.
However, there is an exception to this rule. If the franchisee's state of residence prohibits the designation of jurisdiction and venue in Colorado, then the laws of the franchisee's state will take precedence. This protects franchisees from being forced to litigate in a distant and unfamiliar jurisdiction if their local laws prevent it.
This clause is important for prospective Floyds 99 franchisees to understand, as it dictates where they may have to travel and which laws will govern any legal disputes with the franchisor. Franchisees should be aware of their own state's laws regarding jurisdiction and venue to understand whether the exception applies to them.