Can other claims be decided by any court of competent jurisdiction for a Pearce Bespoke franchise?
Pearce_Bespoke Franchise · 2025 FDDAnswer from 2025 FDD Document
| Provision | Section in Franchise | Summary | |
|---|---|---|---|
| v. | Choice of forum | Sections 18(D) and 19 | All disputes that are subject to arbitration must be arbitrated in Huntersville, North Carolina. Other claims may be decided by any court of competent jurisdiction (subject to APPLICABLE state law). |
Source: Item 17 — RENEWAL, TERMINATION, TRANSFER AND DISPUTE RESOLUTION THE FRANCHISE RELATIONSHIP (FDD pages 31–34)
What This Means (2025 FDD)
According to Pearce Bespoke's 2025 Franchise Disclosure Document, certain claims pertaining to disputes can be decided by a court of competent jurisdiction. Specifically, while most disputes must be arbitrated in Huntersville, North Carolina, this requirement does not apply to all claims.
According to Item 17, all disputes that are subject to arbitration must be arbitrated in Huntersville, North Carolina. However, the FDD states that "other claims may be decided by any court of competent jurisdiction (subject to APPLICABLE state law)." This means that if a claim falls outside the scope of those requiring arbitration, a franchisee may pursue resolution in a court that has the authority to hear the case, and that this is subject to applicable state law.
This provision offers franchisees some flexibility in how disputes are resolved, as it allows for court resolution in certain situations, rather than being limited to mandatory arbitration for every issue. Franchisees should consult with a legal professional to determine the best course of action based on the specific nature of their claim and the relevant state laws.