Does the Angry Chickz Rhode Island Addendum supersede other terms in documents related to the franchise?
Angry_Chickz Franchise · 2025 FDDAnswer from 2025 FDD Document
- 1. The provisions of this Addendum form an integral part of, and are incorporated into, the Franchise Agreement. This Addendum is being executed because: (A) the offer or sale of a franchise to you was made in the State of Rhode Island; (B) you are a resident of the State of Rhode Island; and/or (C) the franchised business will be located in the State of Rhode Island.
- 2. The following language is added to Sections 17.1-17.3 and 18.6:
- Section 19-28.1-14 of the Rhode Island Franchise Investment Act provides that "A provision in a franchise agreement restricting jurisdiction or venue to a forum outside this state or requiring the application of the laws of another state is void with respect to a claim otherwise enforceable under this Act."
- 3. 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 behalf of the Franchisor. This provision supersedes any other term of any document executed in connection with the franchise.
- 4. Any capitalized terms that are not defined in this Addendum shall have the meaning given them in the Franchise Agreement.
- 5. Except as expressly modified by this Addendum, the Franchise Agreement remains unmodified and in full force and effect.
- 6. This Addendum may be executed in multiple counterparts, each of which when executed and delivered shall be deemed an original and all of which together shall constitute one and the same agreement. Delivery of an executed counterpart of a signature page of this Addendum by electronic transmission (including an electronic signature platform or the transmission of a scanned PDF document) shall be as effective as delivery of a manually executed counterpart of this Addendum.
Source: Item 23 — RECEIPTS (FDD pages 54–260)
What This Means (2025 FDD)
According to the 2025 Angry Chickz Franchise Disclosure Document, the Rhode Island addendum does have the power to supersede other terms in documents related to the franchise agreement under specific conditions. Specifically, a clause within the addendum states that no statement, questionnaire, or acknowledgment signed by a franchisee can waive claims under state franchise law or disclaim reliance on franchisor statements. This particular provision takes precedence over any conflicting terms in other documents associated with the franchise. This protection is designed to ensure that franchisees in Rhode Island retain their rights and protections under state law, regardless of what other agreements might state.
This addendum is integrated into the franchise agreement and is executed because the franchise is offered or sold in Rhode Island, the franchisee is a resident of Rhode Island, or the franchised business is located in Rhode Island. The Rhode Island addendum also addresses the jurisdiction and venue for claims. It specifies that any provision in the franchise agreement that restricts jurisdiction or venue to a location outside of Rhode Island or requires the application of laws from another state is void concerning claims enforceable under the Rhode Island Franchise Investment Act. This ensures that legal disputes can be resolved within the state, protecting the franchisee's access to local legal recourse.
However, it's important to note that the franchise agreement remains in effect except for the express modifications made by the addendum. This means that all other terms and conditions of the franchise agreement continue to apply unless they directly conflict with the provisions outlined in the Rhode Island addendum. Franchisees should carefully review both the franchise agreement and the addendum to understand their rights and obligations fully. This ensures compliance with both the franchise's standard terms and the specific legal protections afforded by Rhode Island law.