What law governs the Aplus Development Agreement in Illinois?

According to Aplus's 2024 Franchise Disclosure Document, for franchisees operating in Illinois, the Development Agreement is governed by Illinois law. Specifically, the Illinois Attorney General's Office mandates that certain provisions within franchise documents be consistent with the Illinois Franchise Disclosure Act of 1987, cited as 815 ILCS 705/1-44.

This means that any part of the Aplus Development Agreement that clashes with Illinois law is automatically amended to comply with it. This includes stipulations that might force a franchisee to waive their rights under the Illinois Franchise Disclosure Act or any other Illinois law, which are considered void.

Furthermore, any clause designating jurisdiction and venue for legal disputes outside of Illinois is also void, although arbitration can still occur outside the state. The FDD emphasizes that no statement or acknowledgement signed by a franchisee can waive claims under Illinois franchise law, including claims of fraud, or disclaim reliance on the franchisor. This provision takes precedence over any conflicting terms in any document related to the franchise agreement, ensuring that franchisees retain their legal protections under Illinois law.