What objections are waived by the franchisee and related parties regarding jurisdiction and venue in Clearwater, Florida, for Southern Steer?
Southern_Steer Franchise · 2025 FDDAnswer from 2025 FDD Document
FRANCHISEE AND FRANCHISEE'S OWNERS, GUARANTOR(S), DIRECTORS, OFFICERS, AGENTS, DESIGNATED MANAGER(S), EMPLOYEES, AFFILIATES AND OPERATING PRINCIPAL 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
FRANCHISEE AND FRANCHISEE'S OWNERS, GUARANTOR(S), DIRECTORS, OFFICERS, AGENTS, DESIGNATED MANAGER(S), EMPLOYEES, AFFILIATES AND OPERATING PRINCIPAL HEREBY WAIVE ANY OBJECTION FRANCHISEE OR FRANCHISEE'S OWNERS, GUARANTOR(S), DIRECTORS, OFFICERS, AGENTS, DESIGNATED MANAGER(S), EMPLOYEES, AFFILIATES AND OPERATING PRINCIPAL MIGHT HAVE TO THE PERSONAL JURISDICTION OF OR VENUE IN SUCH COURTS.
- 22.7.
Injunctive Relief.
Notwithstanding anything contained in Section 22.1 to the contrary, Franchisee and Franchisor will be entitled, to the entry of a temporary, preliminary, interim, interlocutory and permanent injunctive relief and orders of specific performance from a court of competent jurisdiction, without posting bond, enforcing the provisions of this Agreement or any other related agreement pertaining to use of the System, Confidential Information, Trade Secrets, Website, Marks, post termination obligations set out in this Agreement, and any Transfers by Franchisee.
Source: Item 22 — ITEM. 22 CONTRACTS (FDD pages 61–168)
What This Means (2025 FDD)
According to Southern Steer's 2025 Franchise Disclosure Document, franchisees and related parties waive any objections to personal jurisdiction or venue in courts located in Clearwater, Florida. This waiver applies to the franchisee, their owners, guarantors, directors, officers, agents, designated managers, employees, affiliates, and operating principal. By agreeing to this, franchisees consent to have legal disputes heard in Clearwater, Florida, foregoing the right to argue that another location would be more appropriate or that they lack sufficient connection to that jurisdiction. This applies to mediation and arbitration proceedings as well.
This clause is significant because it centralizes legal proceedings in a location chosen by Southern Steer, which may be more convenient for the franchisor than for franchisees located elsewhere. Franchisees should consider the potential costs and logistical challenges of litigating or arbitrating disputes in Clearwater, Florida.
However, there is an exception: if Southern Steer's principal place of business is not located in the Clearwater, Florida metropolitan area, the nearest city to Southern Steer's principal place of business with a state and federal court will be substituted for Clearwater, Florida, at Southern Steer's sole determination. This provides some flexibility for Southern Steer while still requiring franchisees to potentially litigate outside of their home jurisdiction. Franchisees should be aware of this clause and factor it into their decision-making process before signing the franchise agreement.