Can Hydrodog change the location of arbitration hearings from Hillsborough County, Florida?
Hydrodog Franchise · 2025 FDDAnswer from 2025 FDD Document
- 21.4 Venue and Jurisdiction.
All arbitration hearings will take place exclusively in Hillsborough County, Florida, or at such other location as we may designate in our sole discretion, and will be held no later than ninety (90) days after the Arbitrators have been selected.
You, we, and our respective officers, directors, Owners and the Personal Guarantors, unconditionally agree and submit to personal jurisdiction in the State of Florida in connection with any arbitration hearings under this Agreement and any suits brought to enforce the decision of the Arbitrators.
You, we, and our respective officers, directors, Owners and the Personal Guarantors, expressly waive any rights to contest venue and jurisdiction in the State of Florida and any claims that venue and jurisdiction are invalid.
Source: Item 23 — RECEIPTS (FDD pages 43–166)
What This Means (2025 FDD)
According to Hydrodog's 2025 Franchise Disclosure Document, the location of arbitration hearings can be changed from Hillsborough County, Florida, at Hydrodog's discretion. The FDD states that all arbitration hearings will take place exclusively in Hillsborough County, Florida, or at another location that Hydrodog designates. This gives Hydrodog the power to move the arbitration hearings to a location of their choosing.
This clause has significant implications for prospective franchisees. By agreeing to the franchise terms, a franchisee accepts that Hydrodog can unilaterally decide the location of any arbitration hearings. This could potentially increase the franchisee's expenses if they are required to travel a long distance to attend a hearing. It also means the franchisee may have to engage local counsel in the area where the hearing is held, adding to the legal costs.
Franchise agreements often contain clauses specifying the venue for dispute resolution, but it is not uncommon for the franchisor to have some degree of control over the location. However, a prospective franchisee should carefully consider the potential costs and inconveniences associated with this clause, especially if they live far from Florida. It would be prudent to discuss this clause with a legal professional before signing the franchise agreement to fully understand the implications and explore possible negotiation strategies.
It is important to note that while Hydrodog can designate the location, the franchisee agrees to submit to personal jurisdiction in Florida and waives any rights to contest venue and jurisdiction in the State of Florida. This means that regardless of where the arbitration hearing takes place, the franchisee is still subject to the legal jurisdiction of Florida for matters related to the arbitration.