Under what state's laws is the Fly To Fit Guaranty governed and construed?

According to Fly To Fit's 2024 Franchise Disclosure Document, the Guaranty agreement is governed by and construed in accordance with the laws of the state of New York, without regard to its conflict of law principles. This means that New York law will be used to interpret and enforce the Guaranty, regardless of where the franchisee or guarantor is located.

This clause is important because it sets the legal framework for resolving any disputes related to the Guaranty. By specifying New York law, Fly To Fit ensures that there is a consistent and predictable legal standard applied to all Guaranty agreements, which can be beneficial for the franchisor.

However, the FDD also states that any New York law for the protection of franchisees or business opportunity purchasers will not apply unless its jurisdictional requirements are met independently without reference to this section. This suggests that while New York law governs the agreement, certain specific protections for franchisees under New York law may not automatically apply unless other conditions are met. A prospective franchisee should seek legal counsel to fully understand the implications of this governing law provision and how it may affect their rights and obligations under the Guaranty.