Can the location of the Southern Steer mediation and arbitration be changed from Clearwater, Florida?
Southern_Steer Franchise · 2025 FDDAnswer from 2025 FDD Document
THE MEDIATION AND ARBITRATION PROCEEDING WILL TAKE PLACE IN CLEARWATER, FLORIDA OR THE CITY NEAREST FRANCHISOR'S PRINCIPAL PLACE OF BUSINESS AT THE TIME AS DETERMINED BY FRANCHISOR, AS THE CASE MAY BE, UNLESS THE PARTIES MUTUALLY AGREE TO ANOTHER LOCATION.
- Consent to Jurisdiction.
MULTI-UNIT DEVELOPER, CONTROLLED ENTITY (IF ANY) AND THEIR OWNERS, GUARANTOR(S), DIRECTORS, OFFICERS, AGENTS, DESIGNATED MANAGER(S), EMPLOYEES, AFFILIATES AND OPERATING PRINCIPAL(S) HEREBY IRREVOCABLY SUBMIT TO THE JURISDICTION AND VENUE OF THE COURTS IN CLEARWATER, FLORIDA AND MEDIATION AND ARBITRATION IN CLEARWATER, FLORIDA OR AS PROVIDED IN SECTIONS 14.4 OR 14.5.
MULTI-UNIT DEVELOPER, CONTROLLED ENTITY (IF ANY) AND THEIR OWNERS, GUARANTOR(S), DIRECTORS, OFFICERS, AGENTS, DESIGNATED MANAGER(S), EMPLOYEES, AFFILIATES AND OPERATING PRINCIPAL(S) HEREBY WAIVE ANY OBJECTION THEY MIGHT HAVE TO THE PERSONAL JURISDICTION OF OR VENUE IN SUCH COURTS.
Source: Item 5 — and 7 of the FDD, Section 3.1 of the Franchise Agreement and Section 4.1 of the Multi-Unit Development Agreement are hereby amended to state that payment of the initial franchise fee and development fee will be deferred until We have satisfied Our pre-opening obligations, and You have commenced business operations. (FDD pages 168–290)
What This Means (2025 FDD)
According to Southern Steer's 2025 Franchise Disclosure Document, the location for mediation and arbitration proceedings is generally Clearwater, Florida. However, there are a couple of exceptions. First, if Southern Steer's principal place of business is not in Clearwater at the time of the proceedings, the location will be the city nearest to their principal place of business that has a state and federal court. The franchisor makes the determination of that location.
Second, the location can be changed if both parties, the franchisee and Southern Steer, mutually agree to an alternative location. This provides some flexibility if both parties find another location more convenient or suitable.
It is important to note that multi-unit developers consent to jurisdiction in Clearwater, Florida courts, and to mediation and arbitration in Clearwater, Florida, or as otherwise provided in the agreement. This consent includes waiving objections to personal jurisdiction or venue in those courts. Therefore, while there are limited exceptions, franchisees should anticipate that legal proceedings will likely occur in Clearwater, Florida, or a location determined by Southern Steer if their principal place of business is not in Clearwater.