Does the Mr. Sandless franchisee irrevocably consent to the personal jurisdiction of Pennsylvania state and federal courts?
Mr_Sandless Franchise · 2025 FDDAnswer from 2025 FDD Document
24.6 Jurisdiction and Venue
With respect to any proceeding not subject to or unresolved by mediation, the parties agree that any action at law or in equity instituted against either party to this Agreement shall be commenced only in any court of general jurisdiction in Delaware County, Pennsylvania, or the United States District Court for the Eastern District of Pennsylvania. You acknowledge that this Agreement has been entered into in the Commonwealth of Pennsylvania and that you are to receive valuable and continuing services emanating
from our headquarters in Aston, Pennsylvania, including but not limited to assistance, support and the development of the System. In recognition of such services and their origin, you hereby irrevocably consent to the personal jurisdiction of the state and federal courts of Pennsylvania set forth above.
Source: Item 22 — CONTRACTS (FDD page 42)
What This Means (2025 FDD)
According to Mr. Sandless's 2025 Franchise Disclosure Document, franchisees irrevocably consent to the personal jurisdiction of Pennsylvania state and federal courts. Specifically, any legal action against Mr. Sandless must be initiated in a court of general jurisdiction in Delaware County, Pennsylvania, or the United States District Court for the Eastern District of Pennsylvania. This requirement is part of the franchise agreement.
This means that if a franchisee has a dispute with Mr. Sandless that results in a lawsuit, the franchisee must pursue that legal action in Pennsylvania, regardless of where the franchisee's business is located. This could involve significant travel and legal expenses for a franchisee located outside of Pennsylvania. The FDD notes that this agreement is made in recognition of the valuable and continuing services that Mr. Sandless provides from its headquarters in Aston, Pennsylvania, including assistance, support, and the development of the System.
This type of clause is relatively common in franchise agreements, as it allows the franchisor to manage legal disputes in a location convenient for them. However, prospective franchisees should carefully consider the implications of this clause, especially if they are located far from Pennsylvania, as it could increase the cost and complexity of resolving any legal issues with Mr. Sandless. Franchisees should seek legal counsel to fully understand the implications of consenting to jurisdiction and venue in Pennsylvania.