What law applies to Bang Cookies franchisees located in North Dakota?

According to Bang Cookies' 2024 Franchise Disclosure Document, North Dakota law applies to Bang Cookies franchisees located in North Dakota. Specifically, Article 18 of the Franchise Agreement is amended to state that "for North Dakota Franchisees, North Dakota law shall apply."

This means that the legal framework governing the franchise relationship for Bang Cookies shops in North Dakota will be based on North Dakota's statutes and legal precedents. This is particularly relevant because the FDD includes a North Dakota Addendum that modifies several provisions of the standard Franchise Agreement to comply with North Dakota law. These modifications address issues such as the enforceability of general releases upon renewal, consent to termination or liquidated damages, covenants not to compete, jurisdiction of courts, waiver of trial by jury, waiver of exemplary and punitive damages, and limitations on claims.

Prospective Bang Cookies franchisees in North Dakota should carefully review the North Dakota Addendum and understand how it alters the standard Franchise Agreement. They should also consult with a legal professional familiar with North Dakota franchise law to ensure they fully understand their rights and obligations under the franchise agreement.