Under what condition is each provision of the Bang Cookies amendment effective?

According to Bang Cookies' 2024 Franchise Disclosure Document, the effectiveness of each provision within the state-specific amendments is contingent upon meeting the jurisdictional requirements of the relevant state's franchise law independently of the amendment itself. This condition applies specifically to amendments made for Hawaii, New York, and Minnesota.

For Hawaii, the FDD states that each provision of the amendment is effective only to the extent that the jurisdictional requirements of the Hawaii Franchise Investment Law are met without relying on the amendment. This means that for any part of the amendment to be valid, it must align with and satisfy the legal prerequisites set by Hawaii's franchise law on its own.

Similarly, for New York, each provision of the amendment becomes effective only if the jurisdictional requirements of the New York General Business Law are independently satisfied, without considering the amendment. This ensures that the amendment does not override or circumvent existing protections provided under New York law. The FDD also clarifies that an offer or sale is deemed to be made in New York if the franchisee is domiciled in New York or the Bang Cookies outlet will be opening in New York.

For Minnesota, the FDD states that each provision of the amendment is effective only to the extent that the jurisdictional requirements of the Minnesota Franchise Act are met independently, without reference to the amendment. This condition ensures that the amendment does not undermine the protections afforded to franchisees under Minnesota law. This approach ensures that franchisees in these states receive the full protection of their local franchise laws, regardless of the specific terms outlined in the Bang Cookies franchise agreement.