To what extent does the Kansas state law addendum supersede the 1-800-GOT-JUNK? Franchise Agreement and Franchise Disclosure Document?
1_800_Got_Junk Franchise · 2025 FDDAnswer from 2025 FDD Document
le: Title: Date Signed: Date Signed: 4897-7398-7397.1 KANSAS KANSAS 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. Section 22 of the Franchise Agreement states that you will indemnify and hold us, and our subsidiaries, affiliates, shareholders, directors, officers, employees, agents, assignees and other franchisees; harmless against all liabilities, obligations, and consequential damages, taxes, costs, losses and actual legal expenses; any claim, litigation or other action or proceeding arising out of the operation of the franchised business. However, you are not required to indemnify us for claims resulting solely from our breach of this Agreement or other wrongs we commit. This provision may not be enforceable in Kansas unless separately negotiated and reasonable. By signing this Addendum, you hereby agree that you separately considered and had an opportunity to consult legal counsel concerning this indemnity, and that you consider it reasonable. Section 15.2 of the Franchise Agreement requires that you name us as an additional named insured on certain insurance policies. This provision may not be enforceable in Kansas unless separately negotiated and reasonable. By signing this Addendum, you hereby agree that you separately considered and had an opportunity to consult legal counsel concerning this insurance clause, and that you consider it reasonable. [signatures on following page] 4897-7398-7397.1 KANSAS ACKNOWLEDGMENT: It is agreed that the foregoing state law addendum supersedes any inconsistent portion of the Franchise Agreement dated the _____ day of _________________, 20, and of the Franchise Disclosure Document, but only to the extent they are then valid requirements of an applicable and enforceable state law, and for only so long as the state law remains in effect. FRANCHISOR: 1-800-GOT-JUNK?
Source: Item 22 — Contracts (FDD page 24)
What This Means (2025 FDD)
According to the 2025 1-800-GOT-JUNK? Franchise Disclosure Document, the Kansas addendum modifies the standard franchise agreement to comply with Kansas law. The addendum specifically addresses Section 22 of the Franchise Agreement, which pertains to the franchisee's obligation to indemnify 1-800-GOT-JUNK? against liabilities and claims arising from the operation of the franchised business. The addendum clarifies that a franchisee in Kansas is not required to indemnify 1-800-GOT-JUNK? for claims resulting solely from 1-800-GOT-JUNK?'s breach of the agreement or other wrongdoings. This modification reflects Kansas law, which may require such indemnity provisions to be separately negotiated and deemed reasonable to be enforceable. By signing the addendum, the franchisee acknowledges they have separately considered the indemnity clause, had the opportunity to consult legal counsel, and consider it reasonable.
Additionally, the Kansas addendum addresses Section 15.2 of the Franchise Agreement, which requires the franchisee to name 1-800-GOT-JUNK? as an additional insured on certain insurance policies. Similar to the indemnity clause, the addendum states that this provision may not be enforceable in Kansas unless it is separately negotiated and deemed reasonable. By signing the addendum, the franchisee acknowledges they have separately considered the insurance clause, had the opportunity to consult legal counsel, and consider it reasonable.
In practical terms, this means that if a provision in the standard 1-800-GOT-JUNK? franchise agreement is inconsistent with Kansas law, the terms of the addendum will take precedence, but only to the extent required by valid and enforceable Kansas law and only for as long as that law remains in effect. The Kansas addendum ensures that the franchise agreement complies with Kansas law, particularly regarding indemnification and insurance requirements. Prospective franchisees in Kansas should carefully review the addendum and consult with legal counsel to understand their rights and obligations under Kansas law.