To what extent is each provision of the amendment effective regarding Bang Cookies, concerning the jurisdictional requirements of the New York General Business Law?

According to Bang Cookies's 2024 Franchise Disclosure Document, the New York Franchise and Development Agreement Amendment addresses the requirements of the New York General Business Law, Article 33, Sections 680 through 695. The amendment modifies specific articles within the Franchise Agreement to ensure compliance with New York law. These modifications include supplementing subarticles related to conditions for approval of transfer and conditions for renewal, ensuring that all rights and causes of action arising in favor of the franchisee under the New York General Business Law remain in force. This is intended to satisfy the non-waiver provisions of N.Y. Gen. Bus. Law Sections 687.4 and 687.5.

Furthermore, the effectiveness of each provision within the amendment is contingent upon meeting the jurisdictional requirements of the New York General Business Law independently, without relying on the amendment itself. This means that for the amendment to apply, the offer and acceptance of the franchise must occur within New York, or the franchisee must be domiciled in New York, or the Bang Cookies outlet must be opening in New York. Bang Cookies is obligated to provide a New York prospectus to every prospective franchisee protected under the New York General Business Law, Article 33.

In practical terms, this ensures that Bang Cookies franchisees in New York retain all rights and causes of action afforded to them under New York law, preventing any unintentional waiver of these rights through the franchise agreement. The amendment clarifies that certain provisions of the franchise agreement are modified to comply with New York law, but only if the franchisee meets the jurisdictional requirements of that law. This offers additional protection to franchisees operating within New York by ensuring their rights are upheld under state law.