What causes of action arising in favor of a 1-800-GOT-JUNK? franchisee from the provisions of Article 33 of the General Business Law of the State of New York remain in force?
1_800_Got_Junk Franchise · 2025 FDDAnswer from 2025 FDD Document
extend,” and Item 17(m), entitled “Conditions for franchisor approval of transfer”: However, to the extent required by applicable law, all rights you enjoy and any causes of action arising in your favor from the provisions of Article 33 of the General Business Law of the State of New York and the regulations issued thereunder shall remain in force; this proviso intends that the non-waiver provisions of General Business Law Sections 687(4) and 687(5) be satisfied. 4. The following language replaces the “Summary” section of Item 17(d), titled “Termination by a franchisee”: You may terminate the agreement on any grounds available by law. 5. The following is added to the end of the “Summary” sections of Item 17(v), titled “Choice of forum,” and Item 17(w), titled “Choice of law”: The foregoing choice of law should not be considered a waiver of any right conferred upon the franchisor or the franchisee by Article 33 of the General Business Law of the State of New York. 6.
Source: Item 22 — Contracts (FDD page 24)
What This Means (2025 FDD)
According to the 2025 1-800-GOT-JUNK? Franchise Disclosure Document, franchisees in New York have specific protections under Article 33 of the General Business Law of the State of New York. Several clauses within the franchise agreement are modified to ensure these rights remain in effect.
Specifically, the FDD states that all rights and causes of action arising in a franchisee's favor under Article 33 and its regulations remain in force. This ensures compliance with the non-waiver provisions of General Business Law Sections 687(4) and 687(5). This means that even if certain terms of the franchise agreement seem to limit a franchisee's rights, the protections offered by New York law cannot be waived.
Additionally, the choice of law specified in the franchise agreement does not waive any rights conferred upon either the franchisor or the franchisee by Article 33 of the General Business Law of the State of New York. Furthermore, no statement, questionnaire, or acknowledgment signed by a franchisee can waive claims under any applicable state franchise law, including claims related to fraud in the inducement, or disclaim reliance on statements made by the franchisor. This provision supersedes any other conflicting terms in any document related to the franchise agreement, reinforcing the protection of franchisee rights under New York law.