What state's law governs the My Salon Suite Franchise Agreement, and where can exceptions be found?
My_Salon_Suite Franchise · 2025 FDDAnswer from 2025 FDD Document
| Provision | Section in Franchise Agreement | Summary |
|---|---|---|
| purpose; and (ii) soliciting any employees of us, our affiliate, or any other Franchise System franchisee to discontinue employment- subject to state law | ||
| s. Modification of the agreement | Section 18.E. of Franchise Agreement | The Franchise Agreement may not be modified except by a written agreement that both of us sign; however, we can unilaterally modify or change our Franchise Operations Manual and Franchise System, as we deem advisable in our sole discretion. |
| t. Integration/merger clause | Section 18.E. of Franchise Agreement Section 9 of Development Agreement | Only the terms of the Franchise Agreement and other related written agreements are binding (subject to applicable state law). Any representations or promises made outside of this Franchise Disclosure Document and Franchise Agreement may not be enforceable. |
| u. Dispute resolution by arbitration | Sections 17.A. and 17.F. of Franchise Agreement | Except for certain claims, all disputes must be arbitrated in Dallas, Texas, subject to applicable state law. |
| v. Choice of forum | Section 17.F. of Franchise Agreement | All disputes must be arbitrated, and if applicable, litigated in Dallas, Texas except as provided in the State-Specific Addendum to this Franchise Disclosure Document, subject to applicable state law. |
| w. Choice of law | Section 17.G. of Franchise Agreement | Texas law, subject to any contrary provision contained in the State Specific Addendum (See Exhibit H), subject to applicable state law. |
Source: Item 16 — RESTRICTIONS ON WHAT THE FRANCHISEE MAY SELL (FDD pages 62–76)
What This Means (2025 FDD)
According to My Salon Suite's 2025 Franchise Disclosure Document, the Franchise Agreement is governed by Texas law. However, this is subject to any conflicting terms outlined in the State-Specific Addendum, which is included as Exhibit H to the FDD. This means that while Texas law generally applies, certain provisions might be different based on the franchisee's state. Franchisees should carefully review Exhibit H to understand if any specific addenda apply to their location.
This "choice of law" provision is a standard clause in franchise agreements, establishing which jurisdiction's laws will be used to interpret the contract. The inclusion of a State-Specific Addendum acknowledges that certain state laws may override the general choice of law provision to protect franchisees.
Prospective My Salon Suite franchisees should carefully review both the main Franchise Agreement and the State-Specific Addendum (Exhibit H) with legal counsel to fully understand their rights and obligations under the agreement, as the state-specific addendum could alter the application of Texas law.