To which courts do Hawthorn Suites By Wyndham franchisees consent to jurisdiction and venue?

According to Hawthorn Suites By Wyndham's 2025 Franchise Disclosure Document, franchisees consent to the non-exclusive personal jurisdiction and venue in the New Jersey state courts situated in Morris County, New Jersey, and the United States District Court for the District of New Jersey for all cases and controversies arising under the Franchise Agreement or between Hawthorn Suites By Wyndham and the franchisee. This means that Hawthorn Suites By Wyndham can sue a franchisee in those courts, and vice versa. However, the jurisdiction is non-exclusive, meaning that other courts could also potentially have jurisdiction depending on the circumstances.

This clause is important for prospective franchisees because it determines where they may be required to litigate any disputes with Hawthorn Suites By Wyndham. Litigating in New Jersey could be more expensive and inconvenient for a franchisee located in another state due to travel costs, attorney fees, and the potential need to become familiar with New Jersey law. Franchisees should consider this factor, along with the choice of law provision (also New Jersey), when evaluating the franchise opportunity.

It is also important to note that the franchisee waives the right to a jury trial in any action related to the Franchise Agreement or the relationship between the franchisor, the franchisee, any guarantor, and their respective successors and assigns. This means that any disputes will be decided by a judge rather than a jury. Jury trial waivers are relatively common in franchise agreements.