What is the heading of Article 18.F. of the Bang Cookies Franchise Agreement that is amended?
Bang_Cookies Franchise · 2024 FDDAnswer from 2024 FDD Document
- Article 18.F. of the Franchise Agreement, and if Franchisee executes a Development Agreement, Article 7.5 of the Development Agreement, under the heading "Governing Law", shall be amended by the addition of the following statement added after the end of the last sentence of Article 18.F. of the Franchise Agreement and Article 7.5 of the Development Agreement:
Illinois Addendum: Illinois law governs the agreements between the parties to this franchise.
Section 4 of the Illinois Franchise Disclosure Act Provides that any provision in a Franchise Agreement that designates jurisdiction or venue outside the State of Illinois is void. However, a Franchise Agreement may provide for arbitration in a venue outside Illinois.
Your rights upon termination and non-renewal of a Franchise Agreement are set forth in Sections 19 and 20 of the Illinois Franchise Disclosure Act.
Section 41 of the Illinois Franchise Disclosure Act Provides that 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 the 2024 Bang Cookies Franchise Disclosure Document, Article 18.F of the Franchise Agreement, under the heading "Governing Law", is amended in the Illinois Franchise and Development Agreement Amendment. This amendment includes an additional statement after the last sentence of Article 18.F of the Franchise Agreement and Article 7.5 of the Development Agreement. The added statement specifies that Illinois law governs the agreements between the parties to the franchise.
This amendment also addresses specific provisions of the Illinois Franchise Disclosure Act. It states that any clause in the Franchise Agreement that designates jurisdiction or venue outside of Illinois is void, although the agreement may still provide for arbitration outside of Illinois. Additionally, the amendment references Sections 19 and 20 of the Illinois Franchise Disclosure Act, which outline the franchisee's rights upon termination and non-renewal of the Franchise Agreement.
Furthermore, the amendment highlights Section 41 of the Illinois Franchise Disclosure Act, which states that any condition that requires a person acquiring a franchise to waive compliance with the Illinois Franchise Disclosure Act or any other Illinois law is void. This ensures that franchisees in Illinois retain all the protections afforded to them under Illinois law, regardless of any provisions in the Franchise Agreement.