What section of Item 17 in the Aplus Franchise Disclosure Document does section 5 add to?
Aplus Franchise · 2024 FDDAnswer from 2024 FDD Document
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- The following is added to the "Summary" section of Item 17(v), titled "Choice of forum franchisor", and item 17(w), titled "Choice of law":
The foregoing choice of law should not be considered a waiver of any right conferred upon the franchisor or upon the franchisee by Article 33 of the General Business Law of the State of New York.
Source: Item 22 — CONTRACTS (FDD page 68)
What This Means (2024 FDD)
According to the 2024 Aplus Franchise Disclosure Document, for franchisees in the state of New York, section 5 adds to the "Summary" section of Item 17(v), titled "Choice of forum franchisor", and item 17(w), titled "Choice of law".
This addition clarifies that the standard choice of law provisions in the Aplus franchise agreement should not be interpreted as a waiver of any rights conferred to either the franchisor or the franchisee under Article 33 of the General Business Law of the State of New York. This ensures that the protections and rights provided by New York franchise law remain in effect, regardless of the general choice of law specified in the franchise agreement.
For a prospective Aplus franchisee in New York, this means that the franchise agreement's standard clauses regarding choice of law and forum are subject to the stipulations of New York's General Business Law. This provision aims to protect franchisees by ensuring that they do not unknowingly waive their rights under New York law. Franchisees should consult with a legal professional to fully understand their rights and obligations under both the franchise agreement and New York law.