Fog Motorsports 3, Inc. v. Arctic Cat Sales, Inc.

MEMORANDUM OPINION

Dalianis, J.

The plaintiff, FOG Motorsports #3, Inc. (FOG), appeals an order of the Superior Court (O’Neill, J.) granting a motion to dismiss by the defendant, Arctic Cat Sales, Inc (Arctic Cat). We vacate and remand.

FOG entered into a dealership agreement with Arctic Cat, a manufacturer of snowmobiles, on July 1, 2005. The agreement included a forum selection clause:

Any claim, action, or other dispute between the parties as to the terms of the Agreement, or as to the performance or nonperformance of either party under the Agreement, or as to any other matter arising out of…