What specific Illinois regulations concerning franchise disclosure cannot be waived by a person acquiring an Anago franchise?
Anago Franchise · 2025 FDDAnswer from 2025 FDD Document
h the following:
THE PARTIES AGREE THAT CLAIMS OF ANY OTHER PARTY OR PARTIES SHALL NOT BE JOINED WITH ANY CLAIMS ASSERTED IN ANY ACTION OR PROCEEDING BETWEEN YOU AND US. EXCEPT FOR CLAIMS ARISING FROM YOUR NON-PAYMENT OR UNDERPAYMENT OF AMOUNTS YOU OWE US OR OUR AFFILIATE, ANY AND ALL CLAIMS ARISING OUT OF OR RELATING TO THIS AGREEMENT OR OUR RELATIONSHIP WITH YOU WILL BE BARRED UNLESS A JUDICIAL OR ARBITRATION PROCEEDING IS COMMENCED WITHIN ONE (1) YEAR FROM THE DATE ON WHICH THE PARTY ASSERTING THE CLAIM KNEW OR SHOULD HAVE KNOWN OF THE FACTS GIVING RISE TO THE CLAIMS. HOWEVER, NOTHING CONTAINED IN THIS SECTION SHALL CONSTITUTE A CONDITION, STIPULATION, OR PROVISION PURPORTING TO BIND ANY PERSON TO WAIVE COMPLIANCE WITH ANY PROVISION OF THE ILLINOIS FRANCHISE DISCLOSURE ACT OR ANY OTHER LAW OF THE STATE OF ILLINOIS, TO THE EXTENT APPLICABLE.
- ILLINOIS FRANCHISE DISCLOSURE ACT. The following language is added as Section 16.18 of the Subfranchise Rights Agreement:
Section 16.18 ILLINOIS FRANCHISE DISCLOSURE ACT.
Section 41 of the Illinois Franchise Disclosure Act states that any condition, stipulation, or provision purporting to bind any person acquiring any franchise to waive compliance with any provision of the Act or any other law of Illinois is void.
| BASIC | 1 |
|---|---|
| QUARTERLY | 1 |
| YEAR END REPORTS | 1 |
| TOTAL | 3 |
| SECTION 9 – IGAS HELPFUL HINGS | |
| DO’S AND DON’TS | 1 |
| TOTAL | 1 |
| SECTION 10 – CALCULATING I/B CREDIT | |
| TOTAL | 1 |
| SECTION 11 – APPENDIX | |
| REASON CODES FOR CANCELLATIONS AND TRASNFERS | 1 |
| LIST OF AR AND AP REPORTS FROM IGAS | 2 |
| DEFINITION OF TERMS | 1 |
| TOTAL | 4 |
| GRAND TOTAL | 151 |
**RIDER TO THE ANAGO FRANCHISING, INC.
Source: Item 23 — RECEIPTS (FDD pages 62–298)
What This Means (2025 FDD)
According to Anago's 2025 Franchise Disclosure Document, Section 41 of the Illinois Franchise Disclosure Act protects franchisees by preventing them from waiving their rights under the Act or any other Illinois law. This means that any agreement a potential Anago franchisee signs cannot force them to give up their legal protections and rights as defined by Illinois law.
Specifically, the FDD highlights that certain clauses in the Subfranchise Rights Agreement, such as those concerning waiver of punitive damages, waiver of jury trial, limitations of actions, and waiver of class actions, are explicitly written to avoid being interpreted as a waiver of compliance with the Illinois Franchise Disclosure Act or its regulations. This ensures that Anago franchisees in Illinois retain their full legal rights and protections under Illinois law, regardless of any other provisions in the franchise agreement.
Furthermore, the FDD emphasizes that any condition, stipulation, or provision that attempts to bind a person acquiring an Anago franchise to waive compliance with the Illinois Franchise Disclosure Act or any other law of Illinois is considered void. This reinforces the non-waivable nature of these legal protections, ensuring that franchisees cannot inadvertently or intentionally relinquish their rights under Illinois law.