For 1-800-GOT-JUNK? franchisees in Hawaii, under what condition does the state law addendum supersede portions of the Franchise Agreement and Franchise Disclosure Document?
1_800_Got_Junk Franchise · 2025 FDDAnswer from 2025 FDD Document
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.
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.
Source: Item 22 — Contracts (FDD page 24)
What This Means (2025 FDD)
According to the 2025 1-800-GOT-JUNK? Franchise Disclosure Document, the Hawaii state law addendum may supersede certain portions of the Franchise Agreement. This occurs only to the extent required by valid and applicable state law. The superseding effect is limited to the specific requirements of the law and remains in effect only as long as the state law is valid and enforceable.
This means that if a specific clause in the 1-800-GOT-JUNK? Franchise Agreement conflicts with a valid Hawaii state law, the state law will take precedence. However, this does not invalidate the entire agreement. Only the parts that are inconsistent with Hawaii law are superseded. This ensures that the franchise operates in compliance with local regulations.
Prospective 1-800-GOT-JUNK? franchisees in Hawaii should carefully review both the Franchise Agreement and the Hawaii addendum with legal counsel. This will help them understand which provisions of the agreement might be affected by state law. It is also important to stay informed about any changes to Hawaii franchise laws that could further impact the agreement during the franchise term.