Is the Bang Cookies Franchise Disclosure Document effective in Illinois?
Bang_Cookies Franchise · 2024 FDDAnswer from 2024 FDD Document
Amendments to the Bang Cookies Franchise Disclosure Document
DISCLOSURE REQUIRED BY THE STATE OF ILLINOIS
Illinois law governs the Franchise Agreement.
In conformance with Section 4 of the Illinois Franchise Disclosure Act, any provision in a Franchise Agreement that designates jurisdiction and venue in a forum outside of the State of Illinois is void. However, a Franchise Agreement may provide for arbitration to take place outside of Illinois.
Your rights upon Termination and Non-Renewal are set forth in Sections 19 and 20 of the Illinois Franchise Disclosure Act.
In conformance with Section 41 of the Illinois Franchise Disclosure Act, any condition, stipulation or provision purporting to bind any person acquiring any franchise to waive compliance with the Illinois Franchise Disclosure Act or any other law of Illinois is void.
Source: Item 23 — RECEIPTS (FDD pages 56–245)
What This Means (2024 FDD)
According to Bang Cookies's 2024 Franchise Disclosure Document, the franchise is subject to specific amendments and legal considerations within Illinois. The Illinois FDD Amendment explicitly states that Illinois law governs the agreements between Bang Cookies and its franchisees in Illinois.
The document highlights key protections for franchisees under the Illinois Franchise Disclosure Act. Specifically, any provision in the Franchise Agreement that designates jurisdiction or venue outside of Illinois is void, although arbitration may occur outside the state. Franchisees' rights upon termination and non-renewal are protected by Sections 19 and 20 of the Illinois Franchise Disclosure Act.
Furthermore, any attempt to waive compliance with the Illinois Franchise Disclosure Act or any other Illinois law is void. The Illinois amendment ensures that franchisees cannot waive claims under state franchise law, including fraud in the inducement, or disclaim reliance on Bang Cookies. These provisions collectively suggest that the Bang Cookies FDD is effective in Illinois, but with specific stipulations to protect franchisees under Illinois law.