In Illinois, can a Ledgers franchise agreement provide for arbitration to take place outside of Illinois?
Ledgers Franchise · 2025 FDDAnswer from 2025 FDD Document
As to franchises governed by the Illinois Franchise Disclosure Act, if any of the terms of the Disclosure Document or Franchise Agreement are inconsistent with the terms below, the terms below control.
- A. Illinois law governs the Franchise Agreement.
- B. In conformance with Section 4 of the Illinois Franchise Disclosure Act, any provision in a franchise agreement that designates jurisdiction and venue in a forum outside of the State of Illinois is void. However, a franchise agreement may provide for arbitration to take place outside of Illinois.
Source: Item 22 — CONTRACTS (FDD page 46)
What This Means (2025 FDD)
According to Ledgers's 2025 Franchise Disclosure Document, for franchises governed by the Illinois Franchise Disclosure Act, a franchise agreement can stipulate that arbitration occurs outside of Illinois. This means that if a dispute arises between Ledgers and a franchisee in Illinois, the arbitration proceedings may be required to take place in a different state, depending on what the franchise agreement specifies.
While Illinois law dictates that any provision designating jurisdiction and venue for legal proceedings outside of Illinois is void, there is an exception carved out for arbitration. This distinction is important because it means Ledgers can enforce a clause requiring arbitration to occur in a location that may be more convenient or advantageous for them, potentially increasing costs and logistical challenges for the franchisee.
Prospective franchisees in Illinois should carefully review the arbitration clause in the Ledgers franchise agreement and consider the implications of having to travel out of state for arbitration. It would be prudent to consult with a legal professional to fully understand their rights and obligations under the agreement, especially concerning dispute resolution processes and the potential costs associated with arbitrating outside of Illinois.