Does the 1-800-GOT-JUNK? franchisor have to provide written notice to the franchisee before terminating the agreement for failure to comply with any obligation?
1_800_Got_Junk Franchise · 2025 FDDAnswer from 2025 FDD Document
: Title: Title: Date Signed: Date Signed: By: By: Title: Title: Date Signed: Date Signed: 4897-7398-7397.1 WISCONSIN WISCONSIN ADDENDUM TO THE FRANCHISE DISCLOSURE DOCUMENT 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. With respect to Franchise Agreements governed by Wisconsin law, the following shall supersede any inconsistent provision: The Wisconsin Fair Dealership Law applies to most franchise agreements in the state and prohibits termination, cancellation, nonrenewal or substantial change in the competitive circumstances of a dealership agreement without good cause. The Law further provides that 90 days' prior written notice of the proposed termination, etc. must be given to the dealer. The dealer has 60 days to cure the deficiency and if the deficiency is so cured the notice is void. The Disclosure Document and Franchise Agreement are hereby modified to state that the Wisconsin Fair Dealership Law, to the extent applicable, supersedes any provisions in the Franchise Agreement that are inconsistent with that Law. Wis. Stats. Ch. 135, The Wisconsin Fair Dealership Law. SEC 32.06(3), Wis. Adm. Code. 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 franchisor's obligation to provide written notice before terminating the franchise agreement depends on the jurisdiction. Specifically, the Wisconsin Addendum states that the Wisconsin Fair Dealership Law applies to most franchise agreements in Wisconsin. This law prohibits termination, cancellation, nonrenewal, or substantial change in the competitive circumstances of a dealership agreement without good cause.
For franchisees in Wisconsin, 1-800-GOT-JUNK? must provide 90 days' prior written notice of the proposed termination. The franchisee then has 60 days to cure the deficiency. If the franchisee successfully addresses the issue within this period, the termination notice becomes void. The 1-800-GOT-JUNK? Disclosure Document and Franchise Agreement are modified to reflect that the Wisconsin Fair Dealership Law supersedes any conflicting provisions in the Franchise Agreement.
Outside of Wisconsin, the FDD does not specify a universal requirement for 1-800-GOT-JUNK? to provide written notice and a cure period before termination. However, Section 23.26 of the Franchise Agreement outlines the general requirements for notices. Any notice required or permitted under the agreement must be in writing and delivered by hand or sent via certified or registered mail, postage prepaid, to the addresses specified in the agreement. Notices sent by mail are considered received on the third business day after mailing, while notices sent by email are considered received on the first business day after sending. Franchisees should carefully review Section 17.1 of the Franchise Agreement, which outlines the conditions under which 1-800-GOT-JUNK? can terminate the agreement, to understand their obligations and the potential consequences of default.