If a law requires a longer notice period than specified in the 1-800-GOT-JUNK? agreement, what happens to the notice period?
1_800_Got_Junk Franchise · 2025 FDDAnswer from 2025 FDD Document
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, several state-specific addenda address how state laws interact with the franchise agreement. These addenda generally state that if a state law has requirements that are inconsistent with the franchise agreement, the state law will take precedence, but only to the extent required by the applicable state law and for as long as that law remains in effect. This means that if a state law mandates a longer notice period for termination or non-renewal of the franchise agreement than what is specified in the 1-800-GOT-JUNK? agreement, the state-mandated longer notice period would apply.
For example, the Wisconsin addendum specifically mentions the Wisconsin Fair Dealership Law, which requires a 90-day prior written notice for termination, cancellation, nonrenewal, or substantial change in competitive circumstances. The franchisee then has 60 days to cure any deficiency. The 1-800-GOT-JUNK? Disclosure Document and Franchise Agreement are modified to reflect that the Wisconsin Fair Dealership Law supersedes any inconsistent provisions in the Franchise Agreement, to the extent applicable.
This type of clause is included in the addenda for several states, including Virginia, Rhode Island, Minnesota, and Kansas. These addenda ensure that the 1-800-GOT-JUNK? franchise agreements comply with local laws and protect franchisees' rights as defined by those laws. Prospective franchisees should carefully review the state-specific addendum for their state to understand how local laws may modify the standard franchise agreement.