Where is the jurisdiction and venue for court litigation related to the Focus Cfo Franchise Agreement?
Focus_Cfo Franchise · 2025 FDDAnswer from 2025 FDD Document
17.2. Consent to Jurisdiction.
Any action brought by either party except those claims required to be submitted to arbitration, shall only be brought in the appropriate state court located in or serving Franklin County, Ohio.
The parties waive all questions of personal jurisdiction or venue for the purposes of carrying out this provision.
Claims for injunctive relief may be brought by Focus CFO where Franchisee is located.
This exclusive choice of jurisdiction and venue provision shall not restrict the ability of the parties to confirm or enforce judgments or arbitration awards in any appropriate jurisdiction.
Source: Item 23 — Receipts (FDD pages 37–126)
What This Means (2025 FDD)
According to the 2025 Focus Cfo Franchise Disclosure Document, any legal action brought by either Focus Cfo or the franchisee, except for claims required to be submitted to arbitration, must be initiated in the appropriate state court located in or serving Franklin County, Ohio. Both parties agree to waive any objections to personal jurisdiction or venue for the purpose of this provision. However, Focus CFO retains the right to bring claims for injunctive relief in the jurisdiction where the franchisee is located. This jurisdiction and venue provision does not prevent either party from confirming or enforcing judgments or arbitration awards in any appropriate jurisdiction.
For franchisees in Maryland, the FDD includes an addendum that modifies the jurisdiction. Franchisees who are residents of Maryland or locate their franchises in Maryland may file lawsuits against Focus CFO in Maryland for claims arising under the Maryland Franchise Registration and Disclosure Law. This addendum supersedes any requirement in the Franchise Agreement that mandates lawsuits be filed in Ohio, as such provisions may not be enforceable under Maryland law.
For franchisees in North Dakota, the FDD includes an addendum that modifies the jurisdiction. Any action brought by either party, except for claims subject to arbitration, must be brought in the appropriate state or federal court located in North Dakota. As with the standard agreement, Focus CFO can bring claims for injunctive relief where the franchisee is located, and the parties can enforce judgments or arbitration awards in any appropriate jurisdiction.
These stipulations regarding jurisdiction are important for prospective franchisees to consider, as they dictate where legal disputes must be resolved. The addenda for Maryland and North Dakota franchisees provide more localized legal recourse, which could be more convenient and cost-effective than litigating in Ohio. Franchisees should carefully review these jurisdictional clauses and any applicable addenda to understand their rights and obligations regarding dispute resolution.