For Monicals Pizza franchises in Illinois, is a franchise agreement provision designating jurisdiction and venue outside of Illinois valid?
Monicals_Pizza Franchise · 2025 FDDAnswer from 2025 FDD Document
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 23 — RECEIPTS (FDD pages 46–257)
What This Means (2025 FDD)
According to the 2025 Monicals Pizza Franchise Disclosure Document, any provision in a franchise agreement that designates jurisdiction and venue in a forum outside of Illinois is void. This is in conformance with Section 4 of the Illinois Franchise Disclosure Act. This means that if a dispute arises between Monicals Pizza and a franchisee operating in Illinois, the legal proceedings must take place within the state of Illinois.
However, the FDD clarifies that a Monicals Pizza franchise agreement may provide for arbitration to take place outside of Illinois. Arbitration is a form of alternative dispute resolution where a neutral third party hears the arguments and makes a decision. While the location of legal action is restricted to Illinois, Monicals Pizza retains the option to conduct arbitration proceedings in another state.
This distinction is important for prospective franchisees to understand. While they cannot be forced to litigate a contract dispute with Monicals Pizza outside of Illinois, they could be required to participate in arbitration in another location. Franchisees should consider the potential costs and inconveniences associated with out-of-state arbitration when evaluating the franchise opportunity.