Which section of the Aw franchise agreement is amended regarding limitations of claims in Illinois?
Aw Franchise · 2025 FDDAnswer from 2025 FDD Document
- Section 18.7. of the Franchise Agreement on "Limitations of Claims" is amended to read in its entirety as follows:
This provision shall not apply to any claims under the Illinois Franchise Disclosure Act of 1987.
Source: Item 22 — CONTRACTS (FDD pages 39–40)
What This Means (2025 FDD)
According to Aw's 2025 Franchise Disclosure Document, Section 18.7 of the franchise agreement, which addresses "Limitations of Claims," is amended specifically for franchisees operating in Illinois. This amendment ensures that the limitations on claims as described in the franchise agreement do not apply to any claims arising under the Illinois Franchise Disclosure Act of 1987. This means that Aw franchisees in Illinois retain their rights to pursue claims under this Act, regardless of any conflicting provisions in the franchise agreement.
This modification is significant because it protects the rights of Aw franchisees in Illinois under their state's franchise law. Without this amendment, the standard limitations of claims within the franchise agreement could potentially restrict a franchisee's ability to seek legal recourse for violations of the Illinois Franchise Disclosure Act. The amendment ensures that Aw franchisees in Illinois are not bound by any clause that would force them to waive their rights under Illinois law.
Prospective Aw franchisees in Illinois should carefully review this amendment and understand their rights under the Illinois Franchise Disclosure Act. They should also consult with a legal professional to fully understand the implications of this amendment and how it affects their franchise agreement. This ensures they are fully aware of their legal protections and obligations when operating an Aw franchise in Illinois.