Anti-waiver provisions in state franchise acts have traditionally been used to trump the venue designated in the franchise agreement and to successfully transfer venue to the franchisee's home state. However, a recent decision from the U.S.
Anti-Waiver Arguments and Enforcement of Forum-Selection Clauses
Anti-waiver provisions in state franchise acts have traditionally been used to trump the venue designated in the franchise agreement and to successfully transfer venue to the franchisee's home state. However, a recent decision from the U.S. District Court for the Eastern District of Michigan has added weight to a small but growing body of cases enforcing forum-selection clauses against franchisees that operate in states with franchise acts containing anti-waiver provisions.
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