Are there any exceptions to the waiver of personal jurisdiction for Fly Fitness developers and their principals?

According to Fly Fitness's 2024 Franchise Disclosure Document, developers and their principals generally submit to the jurisdiction of Nebraska state and federal courts for disputes arising from the Development Agreement. However, this submission is not absolute. The document states that this submission applies "except where specifically prohibited by law." This means that if a law prevents a party from waiving their right to a specific jurisdiction, that law would take precedence.

This clause is important for prospective Fly Fitness developers because it clarifies the legal venue for resolving disputes. While developers agree to litigate in Nebraska, they are not waiving any jurisdictional rights that cannot be waived under applicable laws. This ensures that developers retain certain legal protections, even while agreeing to Nebraska as the primary jurisdiction.

It is advisable for potential Fly Fitness developers to consult with legal counsel to fully understand the implications of this jurisdiction clause and how it interacts with relevant state and federal laws. Understanding these exceptions can help developers anticipate potential legal challenges and ensure they are adequately protected in case of disputes.