If any provision of the Aplus Franchise Agreement is inconsistent with the amendment related to the Maryland Franchise Registration and Disclosure Law, which terms govern?
Aplus Franchise · 2024 FDDAnswer from 2024 FDD Document
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- Each provision of this Amendment shall be effective only to the extent that the jurisdictional requirements of the Maryland Franchise Registration and Disclosure Law applicable to the provisions are met independently of this Amendment. To the extent this Amendment shall be deemed to be inconsistent with any terms or conditions of said Franchise Agreement or exhibits or attachments thereto, the terms of this Amendment shall govern.
Source: Item 22 — CONTRACTS (FDD page 68)
What This Means (2024 FDD)
According to Aplus's 2024 Franchise Disclosure Document, the terms of the amendment to the franchise agreement will govern if there are inconsistencies between the franchise agreement and the amendment related to the Maryland Franchise Registration and Disclosure Law. This amendment is effective only to the extent that the jurisdictional requirements of the Maryland Franchise Registration and Disclosure Law are independently met.
This means that if a provision in the standard Aplus franchise agreement conflicts with the specific amendment designed to comply with Maryland law, the amendment will take precedence. This ensures that Aplus franchisees in Maryland receive the protections and rights afforded to them under Maryland law, regardless of what the standard franchise agreement might say.
For a prospective Aplus franchisee in Maryland, this is a beneficial provision. It confirms that the franchise agreement is adapted to comply with local laws, and that those local laws will be upheld in case of a conflict. Franchisees should carefully review both the standard franchise agreement and any state-specific addenda to understand their rights and obligations fully.