factual

What law governs the Nontraditional License Agreement for Jack In The Box?

Jack_In_The_Box Franchise · 2025 FDD

Answer 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.

Disclaimer: This information is extracted from the 2025 Franchise Disclosure Document and is provided for research purposes only. It does not constitute legal or financial advice. Consult with a franchise attorney before making any investment decisions.