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As of the provided effective dates, is the Aunt Millies Bakeries agreement effective in Illinois?

Aunt_Millies_Bakeries Franchise · 2025 FDD

Answer from 2025 FDD Document

  • §12.8 CONTROLLING LAW: The validity, interpretation and performance of this Agreement shall be controlled by and construed in accordance with the laws of the State of Indiana, without regard to its choice of law provisions. Provided, however, neither the Indiana Franchise Law, Ind. Code Ann.§§ 23-2-2.5-1 to 23-2-2.5-51, nor the Indiana Deceptive Franchise Practices Act, Ind. Code Ann. §§ 23-2-2.7-1 to 23- 2-2.7-7 shall apply to any matter arising under or related to this Agreement unless the jurisdictional prerequisite for application of such law is met independently of this Section 2.8.

Source: Item 23 — RECEIPT (FDD pages 44–196)

What This Means (2025 FDD)

According to the 2025 FDD, the validity, interpretation, and performance of the Aunt Millies Bakeries Distribution Agreement is controlled by and construed in accordance with the laws of Indiana, without regard to its choice of law provisions. However, the Indiana Franchise Law and the Indiana Deceptive Franchise Practices Act will not apply to any matter arising under or related to the agreement unless the jurisdictional prerequisite for application of such law is met independently of this section.

This means that while the agreement itself is governed by Indiana law, there's a specific carve-out regarding Indiana franchise laws. These laws only apply if the situation independently meets the requirements for their application, regardless of what the agreement says. This could be relevant if, for example, a franchisee's operations in Indiana trigger those laws separately.

For a prospective Aunt Millies Bakeries franchisee, this clause highlights the importance of understanding both Indiana law (which governs the contract) and the laws of the state in which they operate (which might independently apply). It also suggests consulting with legal counsel to determine how these different legal frameworks might interact and affect their rights and obligations.

Disclaimer: This information is extracted from the 2025 Franchise Disclosure Document and is provided for research purposes only. It does not constitute legal or financial advice. Consult with a franchise attorney before making any investment decisions.