Does the Apricot Lane FDD include state-specific addenda?
Apricot_Lane Franchise · 2025 FDDAnswer from 2025 FDD Document
| PROVISION | SECTION IN FRANCHISE AGREEMENT | SUMMARY |
|---|---|---|
| r. Non-competition covenants after the franchise is terminated or expires | Section 17.B in Franchise Agreement | For 2 years after expiration or termination for any reason, you may not own or be involved in competing business within your former Territory or within 10 miles of any other Store. (Subject to state law.) |
| s. Modification of the | Sections 23.E in | Franchise Agreement may not be amended |
| agreement | Franchise Agreement | except in writing and agreed to by both parties. |
| t. Integration/merger clause | Section 23.E in Franchise Agreement | Only terms of Franchise Agreement are binding (subject to state law). Any representations or promises outside of the disclosure document and franchise agreement may not be enforceable. |
| u. Dispute resolution by | 22.A | All disputes subject to arbitration in Solano, |
| arbitration or mediation | County, California, subject to state law. | |
| v. Choice of forum | Section 22.C in Franchise Agreement | Subject to arbitration requirement, litigation must be in California. (Subject to state law) Federal, state, and local courts located in the county or judicial district in which COUNTRY VISIONS maintains its principal offices at the time of litigation (currently, Fairfield, California) |
| w. Choice of law | Section 22.B | Except for Federal Arbitration Act and other federal law, the laws of the state in which in which the Apricot Lane franchised business is operating under the Franchise Agreement. |
Source: Item 22 — CONTRACTS (FDD page 51)
What This Means (2025 FDD)
Based on the 2025 Apricot Lane Franchise Disclosure Document, there is no explicit mention of state-specific addenda. However, Item 17 includes a table summarizing key aspects of the franchise agreement, noting that certain provisions, such as non-competition covenants, the integration/merger clause, dispute resolution, and choice of forum, are 'Subject to state law.'
This suggests that while the core franchise agreement is standardized, certain clauses may be modified or interpreted differently based on the specific state in which the Apricot Lane franchise operates. This is a common practice in franchising, as state laws can vary significantly regarding franchise relationships, contract enforcement, and dispute resolution.
Prospective Apricot Lane franchisees should carefully review the Franchise Agreement and consult with legal counsel to understand how state laws may affect their rights and obligations. It would be prudent to ask Apricot Lane's franchisor directly whether any state-specific addenda or modifications to the standard agreement are required for the franchisee's state of operation.