In which courts can Pump It Up file suit against the Applicant?
Pump_It_Up Franchise · 2025 FDDAnswer from 2025 FDD Document
We may file suit in the federal or state court located in the jurisdiction where our principal offices are located at the time suit is filed or in the jurisdiction where you reside or do business, where the Franchised Business is or was located, or where the claim arose.
You consent to the personal jurisdiction of those courts over you and to venue in those courts.
Source: Item 23 — RECEIPTS (FDD pages 60–225)
What This Means (2025 FDD)
According to Pump It Up's 2025 Franchise Disclosure Document, Pump It Up has several options regarding where it can file a lawsuit against a franchisee. Pump It Up may file suit in the federal or state court located in the jurisdiction where its principal offices are located at the time the suit is filed. As of the date of the franchise agreement, those courts are the Superior Court of Arizona, Maricopa County, and the United States District Court for the District of Arizona in Phoenix, Arizona.
In addition to the courts where Pump It Up's principal offices are located, Pump It Up can also file suit where the applicant resides or does business, where the franchised business is or was located, or where the claim arose. The applicant consents to the personal jurisdiction of those courts. This means a franchisee could be sued in a court that is not in their home state.
This clause is important for prospective franchisees to consider, as it determines where they may have to defend themselves in a lawsuit. It is not uncommon for franchise agreements to allow the franchisor to choose the jurisdiction, but franchisees should be aware of the potential costs and inconvenience of litigating a dispute in a distant court.