What sections of the Apricot Lane Franchise Agreement are amended by the addition in section 1 of the Rider?
Apricot_Lane Franchise · 2025 FDDAnswer from 2025 FDD Document
- The following shall be added to the end of Section 3.B.10 and 20.C.7 of the Franchise Agreement:
, provided, however, that to the extent required by Article 33 of the General Business Law of the State of New York, all rights you enjoy and any causes of action arising in your favor from the provisions of Article 33 of the General Business Law of the State of New York and the regulations issued thereunder shall remain in force; it being the intent of the proviso that the non-waiver provisions of GBL 687 and 687.5 be satisfied.
Source: Item 23 — RECEIPTS (FDD pages 51–222)
What This Means (2025 FDD)
According to the 2025 Apricot Lane FDD, Section 3.B.10 and 20.C.7 of the Franchise Agreement are amended by the addition in section 1 of the Rider. This addition ensures that all rights and causes of action arising from Article 33 of the General Business Law of the State of New York remain in force, as required by the New York Franchise Investment Law.
In practical terms, this means that even though the standard franchise agreement might contain clauses that could be interpreted as a waiver of certain legal rights, this amendment clarifies that franchisees in New York are not waiving their rights under New York law. This is particularly relevant because franchise agreements often include provisions related to dispute resolution, termination, and other legal matters that could potentially impact a franchisee's rights.
For a prospective Apricot Lane franchisee in New York, this rider provides an added layer of protection and assurance that their rights under state law are preserved. It ensures that the franchisee can still pursue legal remedies available under New York's General Business Law, regardless of what the standard franchise agreement might otherwise imply. This type of protection is not uncommon in franchise agreements, as many states have franchise laws designed to protect franchisees from potentially unfair or overreaching terms imposed by franchisors.