Where must an action be filed to interpret or enforce the Mr. Sandless agreement?

According to Mr. Sandless's 2025 Franchise Disclosure Document, any legal action filed to interpret a provision of the agreement or to enforce its terms must be filed in the Commonwealth of Pennsylvania. Furthermore, the prevailing party in such an action is entitled to reasonable attorneys' fees and costs incurred. This clause dictates that Mr. Sandless franchisees, regardless of their location, must be prepared to litigate in Pennsylvania if a dispute arises concerning the franchise agreement.

This requirement for Pennsylvania jurisdiction and venue has several implications for prospective franchisees. It means that a franchisee may incur significant travel and legal expenses if they need to pursue a claim against Mr. Sandless or defend themselves against a claim brought by Mr. Sandless. It also means that the laws of Pennsylvania will govern the interpretation and enforcement of the franchise agreement, regardless of the franchisee's state of residence. Franchisees should familiarize themselves with Pennsylvania law or consult with an attorney who is knowledgeable in Pennsylvania law to understand their rights and obligations under the franchise agreement.

It is common for franchise agreements to include clauses specifying the jurisdiction and venue for resolving disputes. Franchisees should carefully review these clauses and consider the potential costs and inconveniences of litigating in a distant forum. Some states may have franchise laws that limit the enforceability of forum selection clauses, but it is ultimately the franchisee's responsibility to understand and assess the implications of these clauses before signing the franchise agreement with Mr. Sandless.