What county is specified as the location for mediation and litigation in the Itan FDD?
Itan Franchise · 2025 FDDAnswer from 2025 FDD Document
- 22.3. Venue. All mediation and litigation shall take place in the county in which we maintain our principal place of business at the time the Dispute arises (currently, San Diego County, California). The parties irrevocably waive any objection to such venue and consent to the jurisdiction of such courts.
Source: Item 23 — RECEIPT (FDD pages 44–190)
What This Means (2025 FDD)
According to Itan's 2025 Franchise Disclosure Document, all mediation and litigation will take place in the county where Itan maintains its principal place of business at the time the dispute arises. Currently, Itan's principal place of business is located in San Diego County, California. The FDD states that both parties involved in the franchise agreement irrevocably waive any objection to this venue and consent to the jurisdiction of the courts in San Diego County.
This means that if a franchisee has a dispute with Itan that leads to mediation or litigation, they will likely need to travel to San Diego County, California, regardless of where their franchise is located. This could result in increased expenses for travel, accommodation, and potentially local legal representation.
It is important for prospective Itan franchisees to consider this venue provision carefully, as it could add significant costs and inconvenience in the event of a legal dispute. Franchisees should consult with a legal professional to understand the implications of this clause and whether it is negotiable or if alternative dispute resolution options can be included in the franchise agreement.