What is the heading of Article 15.B in the Bang Cookies Franchise Agreement that is being supplemented?
Bang_Cookies Franchise · 2024 FDDAnswer from 2024 FDD Document
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- Under Article 15.B of the Franchise Agreement, under the heading "Conditions for Renewal," the subarticle 15.B(8) is supplemented with the addition of the following language:
- ; provided, however, that all rights and causes of action arising in favor of Franchisee from the provisions of New York General Business Law Sections 680-695 and the regulations issued thereunder, shall remain in force; it being the intent of this provision that the non-waiver provisions of N.Y. Gen. Bus. Law Sections 687.4 and 687.5 be satisfied.
Source: Item 23 — RECEIPTS (FDD pages 56–245)
What This Means (2024 FDD)
According to Bang Cookies' 2024 Franchise Disclosure Document, Article 15.B of the Franchise Agreement is supplemented under the heading "Conditions for Renewal." This information is part of amendments made to the standard Bang Cookies Franchise Agreement to comply with specific state laws. In this case, the document excerpts discuss amendments for New York, Minnesota, and Maryland.
These amendments ensure that franchisees in these states retain certain rights and causes of action under their respective state franchise laws, specifically concerning non-waiver provisions. This means that even if the standard franchise agreement contains language that could be interpreted as a waiver of these rights, the state laws will prevail, protecting the franchisee.
For a prospective Bang Cookies franchisee, this is a crucial detail to understand. It highlights that the franchise agreement is not a static document and can be modified to comply with local regulations, potentially offering additional protections depending on the state in which they operate their franchise. It would be prudent for potential franchisees to carefully review any state-specific amendments and understand their implications before signing the agreement.