In what state is the Fly Fitness agreement made and substantially performed?
Fly_Fitness Franchise · 2024 FDDAnswer from 2024 FDD Document
- 10.5 Governing Law and Venue.
This Agreement is made in and shall be substantially performed in the State of Nebraska.
Any claims, controversies, disputes, or actions arising out of this Agreement shall be governed, enforced and interpreted pursuant to the laws of the State of Nebraska.
Developer and its Principals, except where specifically prohibited by law, hereby irrevocably submit themselves to the sole and exclusive jurisdiction of the state and federal courts in the Nebraska.
Developer and its Principals, hereby waive all questions of personal jurisdiction for the purpose of carrying out this provision.
- 10.6 Mutual Benefit.
Developer and Franchisor acknowledge that the parties' agreement regarding applicable state law and forum set forth in Section 10.5 provide each of the parties with the mutual benefit of uniform interpretation of this Agreement and any dispute arising hereunder.
Source: Item 23 — RECEIPT (FDD pages 45–182)
What This Means (2024 FDD)
According to Fly Fitness's 2024 Franchise Disclosure Document, the agreement is made in and substantially performed in the State of Nebraska. Furthermore, any legal claims, controversies, disputes, or actions arising from the agreement will be governed, enforced, and interpreted under Nebraska law.
This means that Nebraska law will dictate the terms and enforcement of the franchise agreement. Should any legal issues arise, the venue for state and federal court actions will be in Nebraska, unless specifically prohibited by law. The franchisee and their principals must submit to the jurisdiction of Nebraska courts, waiving any questions of personal jurisdiction to facilitate this provision.
Fly Fitness and the franchisee both acknowledge that having the agreement governed by Nebraska law and adjudicated in Nebraska courts provides a mutual benefit. This ensures uniform interpretation of the agreement and any disputes that may arise, offering predictability and consistency for both parties. This clause is a standard legal provision in franchise agreements, designed to establish clear legal ground rules from the outset.