According to the Illinois addendum, what law governs the 1-800-GOT-JUNK? franchise agreement?
1_800_Got_Junk Franchise · 2025 FDDAnswer from 2025 FDD Document
ILLINOIS
ADDENDUM TO THE FRANCHISE DISCLOSURE DOCUMENT AND FRANCHISE AGREEMENT
The following modifications are to the 1-800-GOT-JUNK?
LLC Franchise Disclosure Document and
may supersede, to the extent then required by valid applicable state law, certain portions of the Franchise
Agreement dated __________________, 20.
Illinois law governs the franchise agreement.
In conformance with Section 4 of the Illinois Franchise Disclosure Act, any provision in the Franchise
Agreement that designates jurisdiction or venue in a forum outside the State of Illinois is void.
However, a
franchise agreement may provide for arbitration to take place outside Illinois.
Your rights upon termination and non-renewal are set forth in Sections 19 and 20 of the Illinois
Franchise Disclosure Act.
In conformance with Section 41 of the Illinois Franchise Disclosure Act, any condition, stipulation,
or provision purporting to bind any person acquiring any franchise to waive compliance with the Illinois
Franchise Disclosure Act or any law of Illinois is void.
Source: Item 22 — Contracts (FDD page 24)
What This Means (2025 FDD)
According to the 2025 FDD, the Illinois addendum to the 1-800-GOT-JUNK? franchise agreement specifies that Illinois law governs the franchise agreement. This means that the legal interpretations and enforcement of the agreement will be subject to the laws of Illinois.
Furthermore, any provision within the franchise agreement that designates jurisdiction or venue in a forum outside of Illinois is considered void under Section 4 of the Illinois Franchise Disclosure Act. However, the addendum clarifies that the franchise agreement can still provide for arbitration to occur outside of Illinois, offering an exception to the jurisdiction rule.
The addendum also states that franchisee rights upon termination and non-renewal are detailed in Sections 19 and 20 of the Illinois Franchise Disclosure Act. Additionally, any condition that requires a franchisee to waive compliance with the Illinois Franchise Disclosure Act or any Illinois law is void, reinforcing franchisee protections under Illinois law.