Besides the modifications in the addendum, what remains in effect for the Aw franchise agreement in Illinois?
Aw Franchise · 2025 FDDAnswer from 2025 FDD Document
Except as expressly modified hereby, the Franchise Agreement shall remain in full force and effect in accordance with its terms.
Source: Item 22 — CONTRACTS (FDD pages 39–40)
What This Means (2025 FDD)
According to Aw's 2025 Franchise Disclosure Document, the Illinois addendum modifies specific sections of the franchise agreement to comply with Illinois law. However, the core agreement remains in effect.
The addendum addresses several key areas. It stipulates that Illinois law governs the agreement, overriding any clauses that designate jurisdiction and venue outside of Illinois, although arbitration outside the state is permitted. It also reinforces franchisee rights regarding termination and non-renewal as defined by the Illinois Franchise Disclosure Act. Furthermore, any attempts to waive compliance with Illinois franchise law are void. The payment of the initial franchise fee is deferred until Aw has fulfilled its initial obligations and the franchisee has commenced business, a requirement imposed due to Aw's financial condition. Finally, franchisees cannot waive claims under Illinois franchise law or disclaim reliance on franchisor statements.
Despite these specific modifications, the original franchise agreement remains valid. This means that all other sections, terms, and conditions of the agreement, which are not explicitly altered by the addendum, continue to apply to the Aw franchise operating in Illinois. Franchisees should carefully review both the franchise agreement and the Illinois addendum to fully understand their rights and obligations.