According to the North Dakota addendum, what documents does the state law addendum for 1-800-GOT-JUNK? supersede?
1_800_Got_Junk Franchise · 2025 FDDAnswer from 2025 FDD Document
NORTH DAKOTA
NORTH DAKOTA
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.
Sections of the Disclosure Document and Franchise Agreement requiring you to consent to the
jurisdiction of courts outside of North Dakota or providing for resolution of disputes to be outside North Dakota
may not be enforceable under North Dakota law, and are amended accordingly to the minimum extent required
by law.
Sections of the Franchise Agreement requiring you to arbitrate or mediate disputes may require you to
consent to a waiver of trial by jury.
A waiver of trial by jury may not be enforceable under North Dakota law
and any such provisions are amended accordingly to the minimum extent required by law.
Sections of the Disclosure Document and Franchise Agreement relating to choice of law, may not be
enforceable under North Dakota law, and are amended accordingly to the minimum extent required by law.
Sections of the Disclosure Document and Franchise Agreement requiring you to sign a general release
upon renewal of the Franchise Agreement may not be enforceable North Dakota law, and are amended
accordingly to the minimum extent required by law.
Sections of the Disclosure Document and Franchise Agreement requiring you to consent to termination
or liquidated damages may not be enforceable under North Dakota law.
Source: Item 22 — Contracts (FDD page 24)
What This Means (2025 FDD)
According to 1-800-GOT-JUNK?'s 2025 Franchise Disclosure Document, the North Dakota addendum may supersede certain portions of the Franchise Agreement and Franchise Disclosure Document to the extent required by North Dakota law. This means that if any part of the standard franchise agreement conflicts with North Dakota state law, the provisions of the addendum will take precedence.
Specifically, the addendum addresses issues such as jurisdiction, dispute resolution, choice of law, general releases upon renewal, and termination or liquidated damages. For example, the FDD states that sections requiring franchisees to consent to jurisdiction outside of North Dakota may not be enforceable under North Dakota law. These sections are amended to comply with the minimum requirements of the law.
This ensures that 1-800-GOT-JUNK? franchisees in North Dakota are protected by their state's laws, even if the standard franchise agreement contains conflicting terms. Prospective franchisees should carefully review the North Dakota addendum and understand how it modifies the standard franchise agreement to comply with local regulations.