Which state's laws govern the Marble Slab Creamery agreement?
Marble_Slab_Creamery Franchise · 2025 FDDAnswer from 2025 FDD Document
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- GOVERNING LAW.
The existence, validity and construction of this Agreement shall be governed in all respects by the substantive laws of the State of California.
With respect to any claims concerning this Agreement, each party agrees: (i) to submit to the exclusive general jurisdiction of the Courts of the State of California or the federal courts that are located in Los Angeles, California; (ii) that any such action or proceeding may be brought in such courts; and (iii) to waive any objection that it may have to the venue of any such action or proceeding in any such court or that such action or proceeding was brought in an inconvenient court and agrees not to plead or claim the same.
Source: Item 23 — RECEIPT (FDD pages 101–346)
What This Means (2025 FDD)
According to the 2025 Marble Slab Creamery FDD, the franchise agreement is generally governed by the laws of California. Specifically, the FDD states that the existence, validity, and construction of the agreement are governed by the substantive laws of California.
However, this is subject to certain exceptions and addenda for franchisees in specific states. For example, an addendum for Illinois states that "Illinois law, as amended, shall apply to any franchise offered or sold in Illinois, notwithstanding anything to the contrary contained in this Agreement." Similarly, the FDD includes addenda for Maryland, Minnesota, North Dakota, Rhode Island, and Virginia, each outlining specific modifications or stipulations to ensure compliance with those states' franchise laws. These addenda address issues such as dispute resolution, termination rights, and waivers, and indicate that certain provisions of the standard agreement may be superseded or modified by state-specific regulations.
Therefore, while the base Marble Slab Creamery franchise agreement is governed by California law, franchisees need to be aware of and understand the addenda applicable to their specific state, as these addenda can significantly alter the terms and conditions of the agreement. Prospective franchisees should carefully review these addenda and consult with legal counsel to fully understand their rights and obligations under the franchise agreement in their state.