In which county and state must any dispute between a Developer and Precision Door Service be brought?
Precision_Door_Service Franchise · 2025 FDDAnswer from 2025 FDD Document
Litigation; Venue.
Any dispute between Developer and Franchisor or any of their respective affiliates, including without limitation, Developer's owners and guarantors, arising under, out of, in connection with or in relation to this Agreement, the parties' relationship, or the Developer's obligations hereunder (collectively, "Dispute"), including disputes not resolved through mediation, must be brought in the state or federal district court located in McLennan County, Texas.
Both parties hereto irrevocably submit themselves to, and consent to, the jurisdiction of said courts and specifically waive any objection to the jurisdiction and venue of such courts.
The parties specifically waive the right to remove any action brought in the state court of McLennan County, Texas to a federal district court.
The provisions of this Section will survive the termination of this Agreement.
The parties are aware of and acknowledge the business purposes and needs underlying the language of this Section, and with a complete understanding thereof, agree to be bound in the manner set forth.
- d.
Arbitration.
If a court of competent jurisdiction determines that Section 13.3 (Jury Waiver) and/or Section 13.4 (No Class or Consolidated Actions) is invalid or unenforceable with respect to the Dispute, then and only then, notwithstanding any other provision of this Agreement to the contrary, the Dispute must be submitted to binding arbitration under the authority of the Federal Arbitration Act and must be determined by arbitration administered by the AAA pursuant to its then-current commercial arbitration rules and procedures.
The arbitration must take place in McLennan County,
Source: Item 23 — Receipts (FDD pages 92–433)
What This Means (2025 FDD)
According to Precision Door Service's 2025 Franchise Disclosure Document, any dispute between a Developer and Precision Door Service must be brought in McLennan County, Texas. This requirement applies to any dispute arising from the Development Agreement, the parties' relationship, or the Developer's obligations. This includes disputes involving the Developer's owners and guarantors.
This clause mandates that all litigation occur within a specific jurisdiction, which can impact a franchisee's legal costs and convenience. Franchisees must consent to the jurisdiction of the specified courts and waive any objections to the jurisdiction and venue of those courts. They also waive the right to move any action brought in the state court of McLennan County, Texas, to a federal district court.
However, there is an exception: if the jury waiver and class action waiver sections of the agreement are deemed invalid, disputes will be submitted to binding arbitration under the Federal Arbitration Act, administered by the AAA, and will still take place in McLennan County, Texas. This ensures that even if certain clauses are unenforceable, disputes will still be resolved within the specified location through arbitration.