What is the significance of the phrase 'IN WITNESS WHEREOF' in the Rider to the 1 800 Packouts Franchise Agreement?
1_800_Packouts Franchise · 2025 FDDAnswer from 2025 FDD Document
Nothing in this Agreement shall constitute a condition, stipulation, or provision purporting to bind any person acquiring any franchise to waive compliance with any provision of the Illinois Franchise Disclosure Act of 1987 or any other Illinois law (as long as the jurisdictional requirements of that Illinois law are met).
No statement, questionnaire or acknowledgement signed or agreed to by a franchisee in connection with the commencement of the franchise relationship shall have the effect of (i) waiving any claims under any applicable state franchise law, including fraud in the inducement, or (ii) disclaiming reliance on behalf of the Franchisor. This provision supersedes any other term of any document executed in connection with the franchise.
[Signatures on following page]
IN WITNESS WHEREOF, the parties have executed and delivered this Rider effective on the Agreement Date.
Source: Item 23 — RECEIPT (FDD pages 67–238)
What This Means (2025 FDD)
According to the 2025 FDD, the phrase "IN WITNESS WHEREOF" appears at the end of the Rider to the 1 800 Packouts Franchise Agreement. This phrase is a standard legal term that signifies the formal conclusion of the agreement. Its presence indicates that all parties involved—the franchisee and 1 800 Packouts—are acknowledging and consenting to the terms and conditions outlined in the Rider. By including this phrase, the document is being finalized with the intent that it is legally binding. The rider itself modifies the original franchise agreement to account for specific state laws. The phrase precedes the signatures of both parties, marking the point at which the agreement becomes effective. The rider is effective on the Agreement Date.
For a prospective 1 800 Packouts franchisee, the inclusion of "IN WITNESS WHEREOF" means that upon signing, they are entering into a legally enforceable contract with 1 800 Packouts, inclusive of any modifications stipulated in the Rider. This is particularly important because the Riders often contain provisions that address specific state franchise laws, which can impact aspects of the franchise agreement such as termination, renewal, and dispute resolution. Therefore, understanding the implications of the Rider and seeking legal counsel before signing is crucial.
The presence of this phrase underscores the importance of carefully reviewing all documents, including the Franchise Agreement and any Riders, to fully understand the obligations and rights being conferred. Franchisees should pay close attention to how the Rider modifies the original agreement, especially concerning state-specific regulations. The phrase "IN WITNESS WHEREOF" serves as a reminder that the document is intended to be a legally binding commitment, and all parties are expected to adhere to its terms.