What does Franchisor and Franchisee irrevocably consent to and waive regarding jurisdiction or venue for Mrcool?
Mrcool Franchise · 2025 FDDAnswer from 2025 FDD Document
Franchisor and Franchisee do hereby irrevocably consent to and waive any objection to such jurisdiction or venue.
Without limitation to the foregoing and notwithstanding same, Franchisor and Franchisee agree that Franchisor, at Franchisor's election, may bring any legal action or proceeding seeking a temporary restraining order, preliminary injunction, or any action seeking Franchisor's enforcement of an arbitration award or any judicial decision in the federal or state court located in the county and state where either the Franchised Business was located or where Franchisee resides.
Source: Item 23 — RECEIPTS (FDD pages 55–263)
What This Means (2025 FDD)
According to Mrcool's 2025 Franchise Disclosure Document, both the franchisor and franchisee irrevocably consent to jurisdiction and waive any objections to it. This means they agree to a specific court's authority to hear cases related to the franchise agreement and give up the right to challenge that court's location or power.
However, Mrcool retains the option to initiate legal actions for temporary restraining orders, preliminary injunctions, or enforcement of arbitration awards or judicial decisions in federal or state courts. These actions can be brought in the county and state where either the franchised business is located or where the franchisee resides.
This clause provides Mrcool with some flexibility in choosing the legal venue for certain critical actions, while generally requiring disputes to be resolved in a mutually agreed-upon jurisdiction. Franchisees should be aware of this clause and understand that they are giving up some control over where legal disputes are resolved, while Mrcool retains options to pursue legal action in specific locations under certain circumstances.