What law governs the Nontraditional License Agreement for Jack In The Box?
Jack_In_The_Box Franchise · 2025 FDDAnswer from 2025 FDD Document
| Provision | Section in Nontraditional License Agreement | Summary | |
|---|---|---|---|
| agreement is intended to disclaim the | |||
| express representations made in this | |||
| disclosure document, its exhibits, and | |||
| amendments. | |||
| u. | Dispute resolution by | Not Applicable | |
| arbitration or mediation | |||
| v. | Choice of forum | § 18.B | Subject to applicable state law, state |
| courts located in San Diego, California; | |||
| federal courts located in the Southern | |||
| District of California. You and the | |||
| Company waive trial by jury in any | |||
| action brought against each other. | |||
| w. | Choice of law | § 18.B | Subject to applicable state law, |
| California law controls. | |||
| You and the Company must bring any | |||
| action against each other within two (2) | |||
| years of the occurrence of the facts on | |||
| which t |
Source: Item 19 — FINANCIAL PERFORMANCE REPRESENTATION (FDD pages 81–87)
What This Means (2025 FDD)
According to the 2025 Jack In The Box Franchise Disclosure Document, the Nontraditional License Agreement is governed by California law. Specifically, Section 18.B of the agreement states that California law controls the agreement, subject to applicable state law. This means that the interpretation and enforcement of the Nontraditional License Agreement will primarily be based on California's legal principles.
Furthermore, any legal action between the franchisee and Jack In The Box must be initiated within two years of the event that led to the action, unless a shorter period is required by law. Additionally, the forum for any legal disputes will be state courts located in San Diego, California, or federal courts in the Southern District of California, subject to applicable state law. Both the franchisee and Jack In The Box waive their right to a jury trial in any action brought against each other.
This choice of law and forum has significant implications for prospective franchisees. It means that franchisees, regardless of where their Jack In The Box location is, may need to familiarize themselves with California law. They may also need to travel to San Diego for any court proceedings. The two-year statute of limitations could also impact a franchisee's ability to pursue legal action if they delay in addressing a potential issue.