What Illinois law governs the agreements between the parties to the Bang Cookies franchise?
Bang_Cookies Franchise · 2024 FDDAnswer from 2024 FDD Document
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 Bang Cookies's 2024 Franchise Disclosure Document, Illinois law governs the agreements between the parties to the Bang Cookies franchise. Specifically, the Illinois Franchise Disclosure Act (815 ILCS 705/1 to 705/45) and Ill. Admin. Code tit. 15, §200.100 et seq. are the governing laws.
This means that if a franchisee is operating a Bang Cookies location in Illinois, the franchise agreement will be interpreted and enforced under Illinois law. This includes aspects such as termination and non-renewal rights, which are detailed in Sections 19 and 20 of the Illinois Franchise Disclosure Act.
Additionally, any provision in the franchise agreement that designates jurisdiction or venue outside of Illinois is void, although the agreement may allow for arbitration outside of Illinois. Furthermore, franchisees cannot waive compliance with the Illinois Franchise Disclosure Act or any other Illinois law. These stipulations are designed to protect the franchisee's rights under Illinois law.