Are there any financial thresholds mentioned in the Alloy FDD that are specific to the 'STATE OF GLOVAIA'?
Alloy Franchise · 2025 FDDAnswer from 2025 FDD Document
n the event that any action is filed to interpret any provision of this Agreement, or to enforce any of the terms thereof, the prevailing party shall be entitled to its reasonable attorneys' fees and costs incurred therein, and said action must be filed in the State of Georgia.
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- This Agreement may be signed in counterparts, each of which shall be binding against the party executing it and considered as the original.
IN WITNESS WHEREOF, the parties hereto, intending to be legally bound hereby, have executed this agreement effective as of the date first above.
| Witness | (Name) | |---------|-------------------------------| | | Alloy Personal Training, LLC: | | Witness | By: Name: Title: | This General Release does not apply with respect to claims arising under the Washington Franchise Investment Protection Act, RW 19.100 and the rules adopted thereunder.
Exhibit I to the Alloy Disclosure Document STATE ADDENDA
RIDER TO STATE ADDENDUM
TO ALLOY®
FRANCHISE DISCLOSURE DOCUMENT, FRANCHISE AGREEMENT AND AREA DEVELOPMENT AGREEMENT
FOR THE FOLLOWING STATES ONLY: CALIFORNIA, HAWAII, ILLINOIS, INDIANA, MARYLAND, MICHIGAN, MINNESOTA, NEW YORK, NORTH DAKOTA, RHODE ISLAND, SOUTH DAKOTA, VIRGINIA, WASHINGTON, WISCONSIN
This Rider to State Addendum to ALLOY® Franchise Disclosure Document ("FDD"), Franchise Agreement and/or Area Development Agreement (if applicable) is entered into by and between Alloy Personal Training, LLC, 2500 Old Alabama Road, Suite 24, Roswell, Georgia 30076 ("we" or "us") and ("you"). A. This Rider is being signed because you are a resident of one of the states listed in the heading of this Rider (the "Applicable Franchise Registration State") or a non-resident who is acquiring franchise rights permitting the location of one or more ALLOY® businesses in the Applicable Franchise Registration State. B. We and you have contemporaneously herewith entered into a Franchise Agreement (the "Agreement") and/or an Area Development Agreement (if applicable) and wish to amend the Agreement as provided herein. NOW, THEREFORE, for and in consideration of good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the FDD and Agreement and Area Development Agreement (if applicable) are hereby amended as follows: 1. The following language is hereby added to the end of the FDD, Agreement and Area Development Agreement (if applicable): "No statement, questionnaire, or acknowledgment 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 any statement made by any franchisor, franchise seller, or other person acting on behalf of the franchisor. This provision supersedes any other term of any document executed in connection with the franchise." 2. Except as provided in this Rider, the Agreement and Area Development Agreement remains in full force and effect in accordance with its terms. This Rider shall be effective only to the extent that the jurisdictional requirements of the franchise law of the Applicable Franchise Registration State are met independently without reference to this Rider. YOU: WE: ALLOY PERSONAL TRAINING, LLC
CALIFORNIA ADDENDUM TO FRANCHISE DISCLOSURE DOCUMENT
Alloy Personal Training, LLC is a Georgia limited liability company.
The following information applies to franchises and franchisees subject to the California Franchise Investment Act. Item numbers correspond to those in the main body.
THE CALIFORNIA INVESTMENT LAW REQUIRES THAT A COPY OF ALL PROPOSED AGREEMENTS RELATING TO THE SALE OF THE FRANCHISE BE DELIVERED TOGETHER WITH THE DISCLOSURE DOCUMENT AT LEAST 14 DAYS PRIOR TO EXECUTION OF AGREEMENT.
OUR WEBSITE IS WWW.ALLOYFRANCHISE.COM. OUR WEBSITE HAS NOT BEEN REVIEWED OR APPROVED BY THE CALIFORNIA DEPARTMENT OF FINANCIAL PROTECTION & INNOVATION. ANY COMPLAINTS CONCERNING THE CONTENT OF THIS WEBSITE MAY BE DIRECTED TO THE CALIFORNIA DEPARTMENT OF FINANCIAL PROTECTION & INNOVATION AT www.dfpi.ca.gov.
SECTION 31125 OF THE FRANCHISE INVESTMENT LAW REQUIRES US TO GIVE TO YOU A DISCLOSURE DOCUMENT APPROVED BY THE COMMISSIONER OF FINANCIAL PROTECTION & INNOVATION BEFORE WE ASK YOU TO CONSIDER A MATERIAL MODIFICATION OF YOUR FRANCHISE AGREEMENT.
Item 3
Item 3 is amended to provide that neither we nor any other person identified in Item 2 is subject to any currently effective order of any national securities association or national securities exchange, as defined in the Securities Exchange Act of 1934, 15 U.S.C.A. 78a et seq., suspending or expelling such persons from membership in such association.
Item 17
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- California Business & Professions Code Sections 20000 through 20043 provide rights to you concerning termination, transfer or nonrenewal of a franchise. If the franchise agreement contains a provision that is inconsistent with the law, the law will control.
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- Termination of the franchise agreement by us because of your insolvency or bankruptcy may not be enforceable under applicable federal law (11 U.S.C.A. 101 et seq.).
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- The franchise agreement contains a covenant not to compete which extends beyond the termination of the franchise. This provision may not be enforceable under California law.
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- The Franchise Agreement contains a waiver of punitive damages and jury trial provision. These provisions may not be enforceable under California law.
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- The franchise agreement requires binding arbitration. The arbitration will occur at Indianapolis, Indiana with the costs being borne by the non-prevailing party. You are encouraged
to consult private legal counsel to determine the applicability of California and federal laws (such as Business and Professions Code Section 20040.5, Code of Civil Procedure Section 1281, and the Federal Arbitration Act) to any provisions of a franchise agreement restricting venue to a forum outside the State of California.
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- The franchise agreement requires application of the laws of the state of the location where the Facility is located. This provision may not be enforceable under California law.
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- You must sign a general release if you transfer your franchise. This provision may be unenforceable under California law. California Corporations Code 31512 voids a waiver of your rights under the Franchise Investment Law (California Corporations Code 31000 through 31516). Business and Professions Code 20010 voids a waiver of your rights under the Franchise Relations Act (Business and Professions Code 20000 through 20043).
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- In California, the highest interest rate permitted by law is 10%.
Any provision of a franchise agreement, franchise disclosure document, acknowledgement, questionnaire, or other writing, including any exhibit thereto, disclaiming or denying any of the following shall be deemed contrary to public policy and shall be void and unenforceable:
- (a) Representations made by the franchisor or its personnel or agents to a prospective franchisee.
- (b) Reliance by a franchisee on any representations made by the franchisor or its personnel or agents.
- (c) Reliance by a franchisee on the franchise disclosure document, including any exhibit thereto.
- (d) Violations of any provision of this division.
Source: Item 23 — RECEIPTS (FDD pages 69–245)
What This Means (2025 FDD)
Based on the 2025 Alloy FDD excerpts provided, there are no mentions of specific financial thresholds or requirements related to a hypothetical 'STATE OF GLOVAIA.' The excerpts do include addenda for several states such as California, South Dakota, Minnesota, Virginia, and Washington, which address specific financial assurances, surety bonds, and modifications to franchise agreement terms required by those states' regulations. These addenda primarily concern the deferral of initial fees and payments due to the franchisor's financial condition, and additional disclosures related to franchise termination rights.
Specifically, the South Dakota addendum states that due to Alloy's financial condition, the South Dakota Securities Regulation Office requires a financial assurance, deferring initial fees and payments until Alloy completes its pre-opening obligations. Similarly, the Virginia addendum notes that the Virginia State Corporation Commission requires deferral of initial fees until Alloy fulfills its pre-opening obligations. Minnesota requires Alloy to post a surety bond due to the franchisor's financial condition.
In Washington, a franchisor surety bond is required, as indicated by the mention of a 'Washington Surety Bond' and a bond number. Additionally, the Washington Franchise Investment Protection Act is referenced in relation to claims. These state-specific addenda suggest that Alloy must comply with varying financial regulations and provide certain assurances depending on the state in which the franchise is sold.
Since there is no mention of 'GLOVAIA', a prospective franchisee should directly ask Alloy's franchisor about any specific financial requirements, legal considerations, or registration procedures that may apply if they were to operate in that state. This would include inquiring about any state-specific addenda or modifications to the standard franchise agreement.