What is the summary of the Hck Hot Chicken Franchise Agreement provisions related to dispute resolution?
Hck_Hot_Chicken Franchise · 2025 FDDAnswer from 2025 FDD Document
rms and conditions (including, for example, |
| 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 the 2025 Hck Hot Chicken Franchise Disclosure Document, dispute resolution is addressed in Section 10 of the Area Development Agreement and Sections 18.2 and 19.14 of the Franchise Agreement. Before either party can file for arbitration, both Hck Hot Chicken and the franchisee must first attempt to resolve any dispute through mediation. This mediation will take place in the principal city closest to Hck Hot Chicken's principal place of business, which is currently Sarasota, FL. The mediation process will be governed by the Rules of Practice and Procedure of Judicial Arbitration & Mediation Services, Inc., unless both parties agree otherwise, and is subject to applicable state law.
Regarding the choice of forum, except for certain claims and subject to state law, the principal city closest to Hck Hot Chicken's principal place of business (Sarasota, FL) will be the venue for any arbitration under the Franchise Agreement. Both Hck Hot Chicken and the franchisee waive the right to a trial by jury. Subject to applicable state law, both arbitration and litigation must occur in the principal city closest to Hck Hot Chicken's principal place of business, which is Sarasota, FL.
Furthermore, the Franchise Agreement specifies that the laws of the state of Florida govern the agreement, but this is also subject to applicable state law. This means that while Florida law is the primary governing law, any conflicting state laws where the franchisee operates may take precedence. Prospective franchisees should be aware of these dispute resolution procedures, including the required mediation and the designated forum and choice of law, as they can significantly impact how disputes are resolved and where legal proceedings may occur.