Is the choice of law for Hck Hot Chicken subject to applicable state law?
Hck_Hot_Chicken Franchise · 2025 FDDAnswer from 2025 FDD Document
| Provision | Agreement | Summary |
|---|---|---|
| v. Choice of forum | Sections 18.2 and 19.14 | Except for certain claims and subject to state law, you and we agree |
| that the principal city closest to our principal place of business | ||
| (currently Sarasota, FL) will be the venue for any arbitration under | ||
| the Franchise Agreement, and you and we both waive the right to | ||
| a trial by jury. Subject to applicable state law, arbitration and | ||
| litigation must be in the principal city closest to our principal place | ||
| of business (currently Sarasota, FL). | ||
| w. Choice of law | Section 19.7 | The laws of the state of Florida, subject to applicable state law. |
Source: Item 17 — RENEWAL, TERMINATIONS, TRANSFER, AND DISPUTE RESOLUTION (FDD pages 44–51)
What This Means (2025 FDD)
According to Hck Hot Chicken's 2025 Franchise Disclosure Document, the franchise agreements are governed by Florida law, but this is subject to applicable state law. This means that while the documents themselves might state that Florida law controls, any conflicting laws in the franchisee's state may take precedence.
For a prospective Hck Hot Chicken franchisee, this is important because the specific laws governing the franchise relationship can vary depending on where the franchise is located. Certain states have franchise-specific laws that protect franchisees, and these laws could override the choice of Florida law stipulated in Hck Hot Chicken's agreements. These state laws can cover areas such as termination rights, renewal conditions, and dispute resolution processes.
Therefore, it is crucial for a potential Hck Hot Chicken franchisee to consult with a legal professional in their own state to understand how local laws might affect the franchise agreement. This will help ensure that the franchisee is aware of their rights and obligations under both the franchise agreement and the applicable state laws. Understanding these nuances can help avoid potential legal issues and ensure a smoother franchise operation.