In a dispute with Hardees, where must the Developer file suit against HR?
Hardees Franchise · 2025 FDDAnswer from 2025 FDD Document
- B. The parties agree that, to the extent any disputes cannot be resolved directly between them, Developer shall file any suit against HR only in the federal or state court having jurisdiction where HR's principal offices are located at the time suit is filed.
HR may file suit in the federal or state court located in the jurisdiction where its principal offices are located at the time suit is filed or in the jurisdiction where Developer resides or does business or where the Development Territory or any Franchised Restaurant is or was located or where the claim arose.
Developer consents to the personal jurisdiction of those courts over Developer and venue in those courts.
Source: Item 23 — Receipts (FDD pages 85–541)
What This Means (2025 FDD)
According to Hardees's 2025 Franchise Disclosure Document, a Developer (franchisee) who has a dispute with HR (Hardees) must file suit in a specific location. The suit must be filed in the federal or state court that has jurisdiction where Hardees's principal offices are located at the time the suit is filed.
However, the FDD also specifies where Hardees may file suit against the Developer. Hardees has the option to file suit in the federal or state court located in the jurisdiction where its principal offices are located at the time the suit is filed. Alternatively, Hardees can file suit in the jurisdiction where the Developer resides or does business, where the Development Territory or any Franchised Restaurant is or was located, or where the claim arose.
This clause also stipulates that the Developer consents to the personal jurisdiction of these courts and agrees to the venue in those courts. This means the franchisee agrees to be subject to the authority of those courts and that the location of the court is appropriate for resolving the dispute.