What specific section of the Bang Cookies Franchise Agreement does Sub-Article 14.C.(6) supplement?
Bang_Cookies Franchise · 2024 FDDAnswer from 2024 FDD Document
In recognition of the requirements of the Maryland Franchise Registration and Disclosure Law, the parties to the attached Bang Cookies Franchise LLC Franchise Agreement (the "Franchise Agreement") and, if Franchisor and Franchisee both sign the Bang Cookies Franchise LLC Multi-Unit Development Agreement (the "Development Agreement"), as follows:
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- Article 14.C of the Franchise Agreement, under the heading "Conditions for Approval of Transfer," subarticle 14.C(6) 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 the Maryland Franchise Registration and Disclosure Law and the regulations issued thereunder, shall remain in force; it being the intent of this provision that the non-waiver provisions of the Maryland Franchise Registration and Disclosure Law be satisfied.
Source: Item 23 — RECEIPTS (FDD pages 56–245)
What This Means (2024 FDD)
According to Bang Cookies' 2024 Franchise Disclosure Document, sub-article 14.C(6) supplements Article 14.C of the Franchise Agreement, specifically under the heading "Conditions for Approval of Transfer." This supplementation is part of an amendment related to the Maryland Franchise Registration and Disclosure Law.
This means that if a Bang Cookies franchisee is located in Maryland, the standard transfer conditions outlined in Article 14.C of the franchise agreement are modified to ensure compliance with Maryland law. The added language specifically protects the franchisee's rights and causes of action under the Maryland Franchise Registration and Disclosure Law, preventing any waiver of these rights during a transfer.
For a prospective Bang Cookies franchisee in Maryland, this amendment provides an additional layer of legal protection. It ensures that the franchisee retains all rights granted by Maryland franchise law, even when transferring the franchise to a new owner. This could be particularly important in situations where the franchisee might otherwise be pressured to relinquish certain legal claims or protections as part of the transfer process.