Does each party consent to the jurisdiction of the courts where Fly To Fit Franchise's headquarters is located?
Fly_To_Fit Franchise · 2024 FDDAnswer from 2024 FDD Document
- 17.5 Venue Other Than Arbitration. For any legal proceeding not required to be submitted to arbitration, the parties agree that any such legal proceeding will be brought in the United States District Court where Fly To Fit Franchise's headquarters is then located.
If there is no federal jurisdiction over the dispute, the parties agree that any such legal proceeding will be brought in the court of record of the state and county where Fly To Fit Franchise's headquarters is then located.
Each party consents to the jurisdiction of such courts and waives any objection that it, he or she may have to the laying of venue of any proceeding in any of these courts.
Source: Item 22 — CONTRACTS (FDD page 44)
What This Means (2024 FDD)
According to Fly To Fit's 2024 Franchise Disclosure Document, both the franchisee and Fly To Fit Franchise consent to the jurisdiction of the courts located where Fly To Fit's headquarters is located for any legal proceedings not required to be submitted to arbitration. This means that if a lawsuit is filed that is not subject to arbitration, it must be brought in the United States District Court where Fly To Fit's headquarters is located.
If there is no federal jurisdiction, the suit will be brought in the court of record of the state and county where Fly To Fit's headquarters is located. The document states that each party consents to the jurisdiction of such courts and waives any objection to the venue in those courts.
This clause is fairly standard in franchise agreements. It ensures that legal disputes are resolved in a location convenient for Fly To Fit, which could create a disadvantage for franchisees who may need to travel to defend themselves in court. Franchisees should be aware of this clause and factor in potential travel costs and legal representation in the event of a dispute.